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REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1465 OF 2009

HIMANSHU Appellant(s)

VERSUS

B. SHIVAMURTHY & ANR. Respondent(s)

JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J.

A complaint under Section 138 of the Negotiable

Instruments Act, 1881 was instituted by the respondent against

the appellant. According to the complainant, the appellant had

borrowed a sum of Rs. 4,15,000/- “for his business development”

and on the same day, the appellant issued a cheque drawn on

Karnataka Bank, Hosadurga for an equivalent amount. When the

cheque was presented on 26 December 2003 for encashment to the

State Bank of Mysore, Beligere Branch, the bank returned the

cheque with an endorsement on 29 December 2003 stating that

funds were insufficient. The complainant issued a notice to the

appellant on 19 January 2004 which was served on 28 January

2004.

Upon the failure of the appellant to pay the amount due

under the cheque, a complaint was instituted.

The Civil Judge, Junior Division, Tiptur took cognizance

Digitally signed by

MANISH SETH