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2024 Supreme(Online)(KAR) 9181

HIGH COURT OF KARNATAKA
MR JUSTICE H.P.SANDESH, J
SMT T SIDDAMMA – Appellant
Versus
SRI K S CHANDRESH – Respondent


Advocates:
SRI M K BHASKARAIAH, ADVOCATE; SRI ANIL KUMAR D, ADVOCATE [ABSENT]

ORDER

Heard the learned counsel appearing for the petitioner and the counsel for the respondent is absent.

2. The factual matrix of the case of the complainant before the Trial Court that the accused approached the complainant for the purpose of financial assistance. Accordingly, the complainant paid an amount of Rs.1,38,000/- to the accused as loan and subsequently for repayment of said loan amount, accused was issued a cheque dated 04.05.2011 and when the said cheque was presented, the same was returned with an endorsement ‘funds insufficient’. Hence, the complainant issued a legal notice to the accused and the same was served but no reply was given. It is also stated that the endorsements were given by the bank as ‘drawer signature differs’ and ‘payment stopped by the drawer’. Hence, there were three endorsements are given i.e., ‘funds insufficient’, ‘drawer signature differs’ and ‘payment stopped by the drawer’.

Thus, the complaint was filed and the Court taken the cognizance and thereafter, secured the accused and accused did not plead guilty and prays for trial. Hence, the complainant examined himself as PW1 and got marked the documents at Ex.P1 to P10. On the other hand, accuse

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