BABA CORPORATE Vs. V. NARAYANA MURTHY

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in these appeals and since the parties in both the appeals are also one and the same, they have been taken together, heard and disposed of by this common judgment.

(2.) THESE two criminal appeals are preferred by appellant -complainant being aggrieved by the judgment and order of acquittal dated 16.3.2013 passed by the XVIII ACMM and XX ASCJ, Bengaluru City, in C.C. Nos. 31742/2006 and 31741/2006 respectively.

(3.) THE case of the prosecution in brief presented before the trial court is that the appellant -complainant is a Non -Banking Finance Limited Corporation, registered under the provisions of the Reserve Bank of India and it is engaged in business of advancing loans. Respondent Nos. 1 and 2 -accused, in both the appeals, being husband and wife, had approached the complainant for financial assistance and borrowed loan by executing necessary documents promising to repay the loan amount along with interest. As agreed, the accused failed to repay the amount with interest. It is also the further case of the prosecution that in respect of C.C. No. 31742/2006, the accused issued cheques bearing No. 611926 dated 28.2.2006 for Rs. 20,00,000/ - and No. 611927 dated 28.2.2006 for Rs. 21,72,665/ -. In respect of the case in C.C. No. 31741/2006, the accused issued cheques bearing No. 213169 dated 5.3.3006 for Rs. 4,20,135/ - and No. 611939 dated 29.4.2006 for Rs. 10,00,000/ - and the said cheques had been drawn on ING Vysya Bank Limited, Jayanagar Bank Branch, Bengaluru, in favour of the complainant for discharge of the debt amount. The said cheques were presented to the bank on 11.5.2006 for encashment through the complainant's banker at Karnataka Bank Limited, Nehru Nagar, Seshadripuram, Bengaluru. But the cheques were returned unpaid with an endorsement dated 13.5.2006 as 'funds insufficient'. Thereafter, the complainant issued legal notice to the accused calling upon them to pay the amount within 15 days after receipt of the notice. Though the notice was served, the accused neither paid the amount nor replied to the legal notice. Hence, the complainant lodged the complaint before the trial court under Section 200 of Cr.P.C. for the offence under Section 138 of the Negotiable Instruments Act (for short 'the Act'). The trial court has, after considering the merits in both cases, acquitted accused Nos. 1 and 2 for the offence under Section 138 of the Act. Being aggrieved by the said judgment and order, these two appeals are preferred by the appellant -complainant on the following grounds: