(1.) Aggrieved by the judgment and order dated 02.06.2017 passed by the learned Additional Sessions Judge, City Sessions Court No.27 in Criminal Appeal No.92 of 2015, arising from the prosecution under Section 138 of the Negotiable Instruments Act, 1881 (the 'NI Act' herein after) the present appeal has been preferred.
(2.) The facts in a capsulized form as presented in the memo of Appeal deserve reproduction herein below :
(3.) It is the case of the prosecution as revealed in the complaint that the respondent had taken the complainant into confidence by impressing upon him that he had a big name in the office of L.I.C. He also had a side businesses of real estate and land; a process house in the name of S.B. Fabric. Under the pretext that he needed to initiate a business in partnership, he had shown the need of Rs.36 lakh. While promising partnership to the appellant in the new business with equal percentage, he procured from the appellant a sum of Rs.36 lakh. A promissory note was given in lieu of the amount parted by the complainant.
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