D.VIGNESHWARA AITHAL S/O LATE D. VENKATACHALA AITHAL PROPRIETOR GANAPATH ENTERPRISES Vs. KRISHNA AUTOMATION AND SOFTWARE SOLUTIONS PVT. LTD., SRI KRISHNAMURTHY UDUPA AND RAKSHA

JUDGEMENT

(1.) THESE two appeals have been filed by the complaint assailing the order passed by the XIII Addl.CMM, Bangalore in CC 26155/2005 and CC 5491/2006 on 13.11.2008.

(2.) ALLEGING dishonour of the cheques issued by the accused which were given towards the amount borrowed to the tune of Rs. 8 lakhs due to 'stop payment' instruction, the complaint came to be filed. The cheques are issued during January 2003 for Rs. 5 lakhs and Rs. 3 lakhs each. The trial court on the complaint filed, after inquiry, having held that the complainant had admitted production of certain document like the loan application and having opined that no such application was produced, has dismissed the complaints against which, this appeal is filed.

(3.) IT is seen, the trial court also noticed that there was a complaint filed by the accused alleging loss of cheques / theft of cheques but, however in this regard, B Report is said to have been filed by the police. According to the Appellant's counsel, Respondents being relatives with the fond hope that the amount would be returned early and also having collected the cheques, complainant had made payment to establish business by the accused but, the accused have committed breach of trust.