RAJANNA Vs. CHAYAPATHI

JUDGEMENT

(1.) Criminal Revision Petition No. 504/87 by the complaints Nos. 1 and 2 is directed against the order dated June 26, 1987 passed by the Principal City Civil and Sessions Judge, Metropolitan Area, Bangalore, in Criminal Revision Petition No. 23/87 setting aside the order dated February 7, 1987 passed by the Chief Metropolitan Magistrate, Bangalore in C.C.No. 1461/85 ordering the framing of a charge against the accused Nos. 1 and 2 for an offence under Sections 417 and 421 I.P.C., and the consequent order of remand made by the Sessions Judge to the trial Court. Shri Venkataranga Iyengar submitted that he appears for the respondents in Criminal Petition No. 1224/87. Arguments of all Advocates are heard on final merits in both the cases.

(2.) The material facts are as under :- The complainant No. 1 is the father of complainant No. 2 - Jayarathnamma. The accused Nos. 1 and 2 are father and son respectively. The accused No. 1 and 2, on 29-8-1983, are stated to have borrowed Rs. 1,70,000/- from complainant No. 1 on executing a pronote and are also stated to have borrowed Rs. 1,30,000/- from complainant No. 2 on the same day, on executing a pronote. According to the complainants, accused Nos. 1 and 2 did not return the money due to them under both the pronotes. When the complainants insisted on the accused paying the money, accused No. 2 is stated to have given a cheque for the said two amounts due under the two pronotes on 1-6-84 and thus acknowledged the amounts due under the pronotes. According to the complainants, the accused persons, sold their immovable property for Rs.4 lakhs even though it was worth more than that, with a view to defraud the complainants. Hence the complainants filed a complaint against the accused Nos. 1 and 2.

(3.) The Court below recorded the sworn statement of the first complainant Rajanna and ordered issue of process under Sections 417 and 421 I.P.C.