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2024 Supreme(Online)(Kar) 46044

KARNATAKA HIGH COURT
SRI. THULASIRAMAN – Appellant
Versus
SMT. MUNIAKKAYAMMA – Respondent


JUDGMENT

1. This appeal is filed praying to set-aside the judgment and order dated 06.09.2016 passed in C.C.No.8404/2014 by the XXII Additional Chief Metropolitan Magistrate, Bengaluru City and convict the respondent – accused and award compensation to the appellant - complainant.

2. Heard learned counsel for the appellant. Counsel for the respondent was not present on 29.05.2024 and

30.05.2024 when the matter was heard.

3. The appellant was the complainant and the respondent was the accused in C.C.No.8404/2014 on the file of XXII Additional Chief Metropolitan Magistrate, Bengaluru.

4. Facts in brief are that; the respondent – accused had borrowed a sum of Rs.3.00 lakhs from the appellant – complainant on 11.01.2013 to meet the medical expenses of her husband and educational expenses of her daughters, agreeing to repay the same within six months. The respondent – accused had issued a cheque – Ex.P1 for repayment of the said hand loan for a sum of Rs.3.00 lakhs. The appellant – complainant presented the said cheque to his banker and it was returned with shara “Account Dormant” and “funds insufficient”. The complainant got issued a legal notice demanding the cheque amount to the responde

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