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2024 Supreme(Online)(Kar) 43193

KARNATAKA HIGH COURT
SRI. A V KRISHNAMURTHY – Appellant
Versus
SRI. S VENKATESH – Respondent


ORDER

This is a petition filed by accused, challenging his conviction and sentence for the offence punishable under Section 138 of the N.I Act imposed by the trial Court, which came to be confirmed by the Session Court by dismissing the appeal filed by him.

2. For the sake of convenience, the parties are referred to by their rank before the trial Court.

3. Complainant filed a complaint under Section

200 Cr.P.C against the accused alleging offence punishable under Section 138 of N.I Act, contending that accused is related to the wife of complainant and they know each other since several years. Accused was in the habit of taking financial assistance from the complainant for short terms and return the same. Similarly, during February 2016, accused requested for a hand loan of Rs.25 lakhs stating that the house loan taken by him is overdue and he would repay the same by making alternative arrangement within 10.04.2016. Considering the relationship and the urgency pleaded by the accused, complainant advanced hand loan of Rs.25 lakhs. When accused failed to keep up his promise, on 10.04.2016, on the request of complainant, accused issued cheque dated 12.04.2016 with a promise that it would

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