STATE OF KARNATAKA Vs. PRASHANTH NAIRY

JUDGEMENT

(1.) HEARD the learned Additional State Public Prosecutor for the State for admission.

(2.) THE State has filed this appeal challenging the judgment and order of acquittal passed by the Presiding Officer, Fast Track Court ­ I, Bangalore, dated 30th March, 2012 in Session Case No.951/2011.

(3.) IT is the case of the prosecution that PW.1 and the respondent were running a work shop under the name and style of Raghavendra Engineering Works at Chunchughatta and they suffered loss in their business. The respondent requested the complainant to return his investment in the firm. It was mediated through a common friend by name Krishna and the amount was settled for Rs.65,000.00. PW.1 agreed to pay the amount within three month and he had issued a cheque for Rs.60,000.00 and demanded the respondent to return the agreement. Though the cheque was received, the agreement was not returned by the respondent on the ground that he would return the same after the payment of the balance amount of Rs.5,000.00 and that on 27.11.2010 at about 6 p.m the respondent entered the Engineering Works shop of the complainant and demanded PW.1 to pay the balance amount of Rs.5,000.00, for which the complainant requested the respondent to give accommodation for three or four days to clear the balance. The respondent having not agreed to give accommodation for three or four days tried to take away a lathe machine of the complainant and in order to remove the machine, the respondent pushed the complainant and took the machine tool and assaulted on his head. The complainant fell down and respondent started pressing his neck by sitting on the chest. One Paramesh, a neighbour pacified them and took the complainant to the hospital. In the hospital, Subramanyanagar police recorded the statement of the complainant as per Ex.P.1 and the same was registered in Crime No.646/2010, accordingly, he was charge sheeted after investigation.