USHA SURESH Vs. R V SHASHIDARAN

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and the learned counsel for the respondent.

(2.) THE appellant before this Court is the complainant before the trial Court. The undisputed facts in the present case are the respondent/accused was working for the husband of the appellant by name Mr. Suresh Kumar. The husband of the appellant was running M/s. Uma Enterprises at bangalore. Normally, Mr. Suresh Kumar was looking after the said business and during his absence, his wife was managing the said work. The accused was working as the Manager in the said M/s. Uma Enterprises since october, 1998.

(3.) IT is the case of the complainant that in the year 1999, the accused intended to purchase a flat in M/s. Pranam Foundation, indranagar, Bangalore and he approached her and also her husband for financial assistance as the accused was aware that the com-plainant's-husband was receiving a substantial sale proceeds of the flat sold by them at Delhi. The accused was employed in M/s. Uma Enterprises and the husband of the complainant knew the accused since 1984. Having regard to these facts, a sum of Rs. 45,000/- was sent by way of demand draft drawn on Canara Bank dated 27-3-1999, Tagore Garden, New Delhi, in favour of the accused by the husband of the complainant. It was encashed by him through his account on 7-4-1999. It was also agreed between them that he would pay said Rs. 45,000/- together with interest at 11. 5% p. a. within a period of one year from the date of borrowal.