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2025 Supreme(Online)(Kar) 18356

KARNATAKA HIGH COURT
SRI SURESH Y – Appellant
Versus
SRI RAJU S B – Respondent


ORAL ORDER

1. This criminal revision petition is directed against the judgment dated 09.07.2019 passed in Crl.A. No. 838/2018 by the LXIII Additional City Civil and Sessions Judge, Bengaluru, whereunder the judgment of conviction dated 16.04.2018 passed in C.C. No. 11764/2017 by the XIII ACMM, Bengaluru, convicting the petitioner - accused for offence under Section 138 of Negotiable Instruments Act (hereinafter for the sake of brevity referred to as the `N.I. Act’) and sentencing to pay fine of Rs.7,50,000/- and in default, to undergo simple imprisonment for six months has been affirmed.

2. Heard learned counsel for petitioner and learned counsel for respondent.

3. Case of the prosecution before the trial Court was that the complainant and accused were known to each other since several years and petitioner - accused was taking financial assistance from respondent – complainant whenever he needed. Accordingly on 10.05.2016 petitioner - accused had approached respondent - complainant for hand loan of Rs.6,00,000/-. Respondent - complainant had advanced Rs.6,00,000/- to petitioner - accused on 11.05.2016. Petitioner – accused, in order to repay the amount borrowed had issued two cheque

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