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2019 (9) TMI 1718

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..... pondent : Mr. S. Udaya Kumar Sagar, AOR, Ms. Swati Bhardwaj, Adv. JUDGMENT UDAY UMESH LALIT, J. 1. Leave granted. 2. This appeal questions the final judgment dated 06.06.2014 passed by the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh in Criminal Appeal No.1086/2008. 3. On a charge that a cheque in the sum of Rs.4,00,000/- issued by the present appella .....

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..... n appeal by the original complainant by filing Criminal Appeal No.1086 of 2008 in the High Court. The view taken by the Trial Court was upset by the High Court; the appeal was allowed; the appellant was found guilty of the offence under Section 138 of the Negotiable Instruments Act, 1881, and was sentenced to suffer imprisonment till rising of the Court and was also directed to pay a fine of Rs.4, .....

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..... of the appellant that there was no existing debt or liability against which the cheque was given had to be accepted. In our view, the High Court was in error in accepting the appeal and upsetting the view taken by the Trial Court. 10. We, therefore, allow this appeal, set-aside the decision of the High Court and restore the judgment and order of acquittal passed by the Trial Court. 11. The appe .....

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