LAWS(KAR)-2013-8-252

CREF FINANCE LIMITED (EARLIER CALLED ITC CLASSIC REAL ESTATE FINANCE LTD.) REP. BY ITS AUTHORIZED SIGNATORY PRAMOD KUMAR Vs. SREE SHANTHI HOMES PRIVATE LIMITED REP. BY ITS MANAGING DIRECTOR AND K.C. CHANDRASHEKAR RAJU, MAJOR, MANAGING DIRECTOR,

Decided On August 30, 2013
Cref Finance Limited (Earlier Called Itc Classic Real Estate Finance Ltd.) Rep. By Its Authorized Signatory Pramod Kumar Appellant
V/S
Sree Shanthi Homes Private Limited Rep. By Its Managing Director And K.C. Chandrashekar Raju, Major, Managing Director, Respondents

JUDGEMENT

(1.) The appellant has challenged the Judgment and Order acquitting the respondent for the charge under Section 138 of the Negotiable Instruments Act [hereinafter referred to as "the Act" for short] on a trial held by the XX Addl. Chief Metropolitan Magistrate, Bangalore. The facts relevant for the purpose of this appeal are as under:

(2.) I have heard Sri. Udaya Holla, learned Senior Counsel for the appellant and Sri. C.V. Nagesh, learned Senior Counsel for the respondents.

(3.) The point that arises for my consideration is;