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2024 Supreme(Online)(Kar) 44236

KARNATAKA HIGH COURT
SRI D SIDDAPPA – Appellant
Versus
SRI G ONKARAPPA – Respondent


ORDER

In this petition filed in Section 397 r/w 401 Cr.P.C, petitioner who is arraigned as accused has challenged his conviction and sentence for the offence punishable under Section 138 of N.I Act, which came to be confirmed by the Sessions Court, by dismissing the appeal filed by him.

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

3. Complainant filed the complaint against accused alleging offence under Section 138 of N.I. Act, contending that complainant and accused are known to each other. Complainant is working as teacher in a private school. He is also owning agricultural land at Hebbal village. On 19.10.2014, at the request of accused, complainant advanced hand loan of Rs.1,95,000/- by cash. Accused assured to repay the same within six months. When he failed to keep up his promise, on the request and demand by the complainant, accused issued cheque dated 26.05.2015 for Rs.1,95,000/-. However, when it was presented for realization on the same day, it was returned dishonoured on the ground of “Funds insufficient”. Complainant got issued a legal notice dated 05.06.2015. Though it is duly served, accused has neither paid the amoun

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