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REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2402 OF 2014

[ Arising out of SLP (Crl.) No.6197 of 2014]

K. Subramani

… Appellant(s)

versus

K. Damodara Naidu

… Respondent(s)

J U D G M E N T

C. NAGAPPAN, J.

1.

Leave granted.

2.

This appeal is preferred against judgment and order

dated 10.10.2013 passed by the High Court of Karnataka at

Bangalore in Criminal Appeal No.368 of 2009 wherein the

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High Court set aside the judgment of acquittal of the trial

court and remanded the case to the trial court for retrial.

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3.

The respondent herein/complainant and the

appellant/accused were working as lecturers in a

Government College at Bangalore. The case of the

complainant is that the accused borrowed a loan of Rs.14

lakhs in cash on 1.12.1997 from him to start granite

business, promising to repay the same with 3% interest per

month on demand and issued post-dated cheque dated

30.11.2000 for sum of Rs.29,12,000/- which included

principal and interest and few days prior to presentation of

the cheque on its due date to b