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2023 Supreme(Online)(KAR) 16271

HIGH COURT OF KARNATAKA
MR JUSTICE R. NATARAJ, J
SRI B N ASHWATH NARAYAN – Appellant
Versus
SRI SHANKAR – Respondent


Advocates:
SRI. A V RAMAKRISHNA, ADVOCATE
SMT. ARCHANA K.M., AMICUS CURIAE

2. The petitioner has challenged the judgment of conviction dated passed by the Additional Chief Metropolitan Magistrate, Bengaluru (henceforth referred to as 'Trial Court') in C.C.No.28739/2001, by which, he was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (henceforth referred to as 'N.I. Act' for short) and the consequent sentence to pay fine of Rs.70,000/- He has also challenged the judgment passed by the 55th Addl. City Civil and Sessions Judge, Bangalore (henceforth referred to as 'Appellate Court') dated 15.09.2018 in Crl.A.No.665/2013, by which, the judgment of conviction and sentence passed by the Trial Court was upheld.

2. The records of the Trial Court disclose that the accused/petitioner had borrowed a loan of Rs.45,000/- from the respondent/complainant during November, 2000 and had passed on a cheque for Rs.45,000/- dated 02.02.2001, towards repayment of the loan. On the instructions of the petitioner, the respondent presented the cheque for encashment, but it was dishonored on 06.02.2001 due to insufficient funds. The respondent issued a notice of demand on 20.02.2001 which was served on the petitioner, who failed to r

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