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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF SEPTEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO

CRL.R.P. No. 664 OF 2011

BETWEEN:

SRI. K. SUBRAMANAYA

S/O. KARIAYAPPA

AGED ABOUT 42 YEARS

R/AT. NO.111/121

C/O. V.V. RAJASHEKAR

SRI. RANGASWAMY NILAYA

6TH CROSS, SESHADRI LAYOUT

MANJUNATHANAGAR,

BAGALAKUNTE

BENGALORE.

...PETITIONER

(BY SRI. M.K. BHASKARAIAH., ADVOCATE)

AND:

SRI. T.H. APPAJI

S/O. SRI. HANUMANTHARAYA

AGED ABOUT 27 YEARS

R/AT. NO.1851, 19TH CROSS

20TH MAIN, MAGADI ROAD,

(CHORD ROAD), VIJAYANAGAR

BANGALORE-560 040. …RESPONDENT

(BY SRI. A.N. RADHAKRISHNA, ADVOCATE)

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THIS CRL. R.P. IS FILED U/S 397 R/W. 401 CR.P.C.

PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE

ADDITIONAL SESSIONS JUDGE, FAST TRACK COURT-XIV,

BANGALORE CITY IN CRL.A. NO. 720/2020, DATED

07.04.2011 CONFIRMING THE JUDGMENT PASSED BY THE

XXII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE

AND

XXIV

ADDITIONAL

SMALL

CAUSES

JUDGE,

BENGALURU

CITY

IN

C.C.

NO.21683/2007,

DATED

29.09.2010.

THIS CRL.R.P. COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

Though this petition is listed today for orders,

the same is taken up for final disposal having regard

to the facts and circumstances of the case.

2.

This Criminal Revision Petition is filed by

the petitioner under Section 397 read with Section

401 of Cr.P.C. against the judgment and order dated

07.04.2011 passed in Crl.A. No.720/2010 passed by

the Additional Sessions Judge, Fast Track Court-XIV,

Bengaluru City, wherein the appeal came to be

dismissed confirming the judgment of conviction and

order of sentence passed by the learned XXII

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Additional Chief Metropolitan Magistrate and XXIV

Additional Small Causes Judge, Bengaluru City, in

C.C.No.21683/2007 on 29.09.2010.

3.

In order to avoid confusion and over-

lapping, parties are addressed in accordance with their

ranks and status before the trial Court.

4.

The substance of the complaint is extracted

from the certified copy of the judgment passed in

C.C.No.21683/2007 is as under :

"It is narrated in the complaint that,

complainant and accused are family friends.

The accused approached the complainant in

October

2005

and

borrowed

loan

of

Rs.12,00,000/- by cash to contest in the

Panchayath Election and to do business and

agreed to repay within three months with

interest at 2% p.m. The accused has issued a

cheque

bearing

No.824628,

dated:

27.03.2006 for a sum of Rs.12,00,000/-

drawn on Canara Bank, Rajajinagar, I Block

Branch, Bangalore. So the complainant

presented the cheque through his banker,

Janatha Seva Co-Operative Bank Limited.,

Vijayanagar Branch, Bangalore. The same

was dishonoured for the reasons "PAYMENT

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STOPPED BY DRAWER" on 05.04.2006. the

complainant issued a legal notice to the

accused on 17.04.2006 through RPAD and

UCP. The notice sent to Tumkur address

returned unserved with postal shara "Party

left to Bangalore'. The notice sent to

Bangalore address returned unserved on

28.04.2006 with postal shara 'Door locked'.

The notice sent by UCP served on the

accused. Hence, the complaint".

5.

Before the learned trial Judge, learned trial

Judge took cognizance of the offence and issued

summons to the accused. After receipt of summons

accused appeared and released on bail. Plea of the

accused was recorded, he pleaded not guilty and

claims to be tried.

6.

Before the trial Judge was accommodated

with oral and documentary evidence as under:

List of witnesses examined for complainant :

PW.1

:

T.H. Appaji

PW.2

:

Harish Babu

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List of witnesses examined for accused

DW.1

:

K. Subramani

DW.2

:

R. Anandi

DW.3

:

K.Eshwarappa

List of documents marked for complainant :

Ex.P.1

-

Complaint

Ex.P.2

-

Cheque

Ex.P.3

-

Bank endorsement

Ex.P.4

-

Le