JATTI AUTOMOBILES Vs. T.C. SATHISH KUMAR

JUDGEMENT

(1.) The petitioners in both these petitions are the accused in C.C.No.2871/2014, pending in the Court of learned XVI Addl. Chief Metropolitan Magistrate, Bengaluru, (hereinafter for brevity referred to as "trial Court'), for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as "N.I. Act'). Seeking quashing of the said criminal case pending against them, the accused have approached this Court. The present respondent (common in both petitions) is the complainant in the trial Court.

(2.) The summary of the case of the complainant in the trial Court is that he is acquainted with the accused who are the members of Jatti family and doing various business. At the request of the accused, he lent a loan of Rs. l,50,000/- on 30.11.2007 to respondent No.1 before the trial Court and another sum of Rs. l,00,000/- to the same respondent on 30.1.2008 and a sum of Rs. l,00,000/- to the respondent No.2 before the trial Court on 1.3.2008 and another sum of Rs. l,50,000/- to the same respondent No.2 on 1.4.2008. The respondents/accused had agreed to repay the said loan amount together with interest thereupon at 2% per month. Thus a total sum of Rs. 5 lakhs was lent to them. The accused had also issued three cheques to him duly signed, however the contents were not filled. The accused/respondents paid the interest till November 2008 and thereafter, they postponed the payment of interest amount, so also, the principle amount despite several demands made by the complainant. However, Sri D.B. Jatti, Head of Jatti business concern, on behalf of the respondents, informed on 15.7.2009, admitting the entire liability of a sum of Rs. 5 lakhs and the interest thereupon and remitted an amount of Rs. 75,000/- through a bank cheque bearing No.210033, dated 10.3.2010, drawn on State Bank of India, St. Marks Road, Bengaluru. The cheques were drawn by respondent No.3 before the trial Court. Since the respondents did not clear the debt and did not pay the up to-date interest, the complainant filled the date, month and year as 12.8.2013 in the cheques, totaling into a sum of Rs. 5 lakhs and presented them for realization. However, all the three cheques came to be returned with a banker's endorsement as 'Account closed'. It is thereafter, after causing a legal notice under Section 138 of N.I. Act, the complainant proceeded to initiate a criminal case against them in the trial Court in C.C.No.2871/2014. The said case is now said to be at the stage of recording of the evidence where the complainant is already said to have led his evidence.

(3.) The respondent herein is being represented by his learned counsel.