M. SURESH BABU Vs. GEETHA SURESH

JUDGEMENT

(1.) The petitioner (accused) in the above petitions is common. The respondent in Cri. R.P. No. 60 of 2013 is the husband of respondent in Cri. R.P. No. 59 of 2013. There are concurrent findings of the Courts below that petitioner has committed an offence punishable under Section 138 of Negotiable Instruments Act, 1881.

(2.) I have heard Sri S.N. Ramaprasad, learned Counsel for accused and Sri N.C. Nagesh Kumar, learned Counsel for complainants.

(3.) The Trial Court has accepted the evidence adduced by complainants that accused representing himself as the Trustee of St. Joseph's Leprosy Patients Society, which was situate in Church Street, Bangalore, borrowed a sum of Rs. 5,00,000/- from respondent in Cri. R.P. No. 59 of 2013 and a sum of Rs. 3,50,000/- from respondent in Cri. R.P. No. 60 of 2013. In order to discharge the aforestated debts, the accused issued a cheque for a sum of Rs. 5,00,000/- in favour of respondent in Cri. R.P. No. 59 of 2013 and another cheque for a sum of Rs. 3,50,000/- in favour of respondent in Cri. R.P. No. 60 of 2013. The learned Judge of First Appellate Court on re-appreciation of evidence has confirmed the judgment of Trial Court. The Courts below have recorded concurrent findings.