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2023 Supreme(Online)(Kar) 33314

KARNATAKA HIGH COURT
MRS MINAL SAMEER SATA – Appellant
Versus
M/S VANDANA WIND ENERGY PRIVATE LIMITED – Respondent


ORDER

The petitioner is before this Court calling in question proceedings in C.C.No.2411/2022 and 14253/2022 registered for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. ('Act' for short).

2. Heard Sri. Shaik Ismail Zabiulla, learned counsel appearing for the petitioner and Sri. Venkatesha T.S. learned counsel appearing for the respondent.

3. The petitioner is the accused No.2. The respondent is the complainant. The two have a transaction, it is alleged that the complainant had paid a sum of Rupees Two crores to the accused No.2 and for repayment of the same, accused No.2 had issued certain cheque. On the cheques being presented for its encashment were dishonored, as the payment had been stopped withdrawing. The proceedings were instituted by the respondent under the Act by registering a private complaint invoking Section 200 of the Cr.P.C. The Court has taken cognizance, which leads the petitioner to this Court to the subject petition, as she is arrayed as accused No.2 in the proceedings.

4. Learned counsel appearing for the petitioner contends that the cheque is not issued by the petitioner, but it is her husband and she has nothing to do with the

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