K L AGARWAL Vs. PARAMOUNT SOLUTIONS

JUDGEMENT

(1.) This revision petition is preferred challenging the judgment and order dated 21.9.2007 passed by the XXII ACMM Court, Bengaluru city in C.C.No.14589/2003 and also the judgment and order dated 17.9.2010 passed by the City Fast Track (Sessions) Judge, Bengaluru city in Cri.A.No.1192/2007.

(2.) Brief facts leading to filing of the case by the complainant before the trial Court is that the complainant is working as a franchisee for the accused with regard to the fee for franchise work done. The accused has been avoiding and delaying the payments in respect of the amount due from the accused to an extent of Rs.9,66,000/-. The accused signed and issued three cheques bearing No.120073 dated 15.2.2003 for Rs.3,22,400/- of Vijaya Bank, Sanjaynagar, cheque No.807275 dated 20.4.2003 for Rs.3,22,200/- of Canara Bank, Sheshadripuram Branch, Bengaluru and cheque No.807272 dated 20.4.2003 for Rs.3,22,200/- of Canara Bank, Seshadripuram Branch, Bengaluru. Complainant presented the above mentioned three cheques on 21.4.2003 through Shree Charan Co-operative Bank Ltd., Gandhibazar, Bengaluru and they were dishonoured under the endorsements on 22.4.2003 for the reason, payment stopped by the drawer. Thereafter, complainant got issued the legal notice dated 3.5.2003 by RPAD and UCP. The notices were duly served on the accused on 9.5.2003. The accused issued reply on 22.5.2003 admitting the above mentioned dues and issuance of three cheques for clearance of the dues. Since the accused failed to comply with the demand notice dated 3.5.2003, complaint came to be filed.

(3.) Heard the arguments of learned counsel for the revision petitioner-accused and also the learned counsel appearing for the respondent-complainant.