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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 206 of 2002

PETITIONER:

A.V. MURTHY

Vs.

RESPONDENT:

B.S. NAGABASAVANNA

DATE OF JUDGMENT: 08/02/2002

BENCH:

R.P. Sethi & K.G. Balakrishnan

JUDGMENT:

K.G. BALAKRISHNAN, J.

Leave granted.

This appeal is directed against the order passed by a learned

Single Judge of the High Court of Karnataka. The appellant herein

filed a complaint before the Magistrate alleging that the respondent

herein had committed an offence punishable under Section 138 of

the Negotiable Instruments Act, 1881 [for short, "the Act"]. The

appellant alleged that he and his two friends had advanced a sum

of Rs.7.5 lakhs to the respondent about four years back

to enable him to start a petrol pump and that the

respondent did not pay back the said amount despite

repeated demands and finally at the request of the

appellant, on 30.3.1998 the respondent issued a cheque in

favour of the appellant. The appellant presented the cheque for

payment, but the cheque was dishonoured by the bank for the

reason "Account closed". Thereafter, t