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TMI Blog2012 (8) TMI 1204X X X X Extracts X X X X X X X X Extracts X X X X ..... ng an order of conviction and the consequential sentence imposed by the !earned Magistrate for an offence under S.138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') and having failed in CrI.A. No. 25124/2010, on the file of the Sessions Court at Bangalore, accused has filed this criminal revision petition. Sri Hiremathad, learned advocate appearing for the petitioner conten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te is justified in finding the accused guilty and in imposing the sentence. Learned counsel submitted that the appellate Court has re-appreciated the evidence and the appeal having been found to be devoid of merit, was dismissed. Learned counsel submits that in view of the concurrent finding of fact by the Courts below, no interference in the matter is called for. 3. Perused the record. In view o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount was not paid, complaint under S.200 Cr.P.C. for the offence under S.138 read with S.142 of the Act was filed. 5. Complainant deposed as PW-1. Nothing material has been elicited in the evidence of PW-1 to hold that the claim made by her based on Exs.P6 to P9, P10 to P13 & P14 is not tenable. In a complaint under S.200 Cr.P.C. for the offence under S.139 of the Act, the Court has to presume ..... X X X X Extracts X X X X X X X X Extracts X X X X
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