SIDDIVINAYAK CO-OP CREDIT SOCIETY LTD Vs. SHIVAMOGGI
LAWS(KAR)-2023-3-192
HIGH COURT OF KARNATAKA
Decided on March 14,2023

Siddivinayak Co-Op Credit Society Ltd Appellant
VERSUS
Shivamoggi Respondents


Referred Judgements :-

ASSOCIATED CEMENT COMPANY LIMITED VS. KESHVANAND [REFERRED TO]
MOHAMMAD AZEEM VS. A VENKATESH [REFERRED TO]


JUDGEMENT

- (1.)Appellant/complainant feeling aggrieved by dismissal of the complaint by Prl. Civil Judge and JMFC, Chikodi, in C.C.No.1514/2022 dtd. 6/10/2022 has preferred the present appeal.
(2.)Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.
(3.)The factual matrix leading to the case of complainant can be stated in nut-shell to the effect that the complainant filed P.C.No.85/2020 for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short 'the N.I.Act'), on the allegation that cheque bearing No.002552 dtd. 12/12/2019 for Rs.2.00 lakhs including interest issued by the accused in discharge of lawful debt was bounced for want of sufficient fund in the account of accused vide endorsement of the bank dtd. 16/12/2019. The demand notice dtd. 21/12/2019 was duly served to accused on 24/12/2019. The accused has neither paid the cheque amount nor replied to the said notice. Therefore, complaint came to be filed.


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