V SHARADA Vs. GANGAMMAARULUMALIGAIAH

JUDGEMENT

(1.) In all these three appeals, the appellant is the same person namely Smt.V.Sharada, who had filed three private complaints against the present respondents herein for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I.Act').

(2.) The respondents in Crl.A.Nos.706/2010 and 574/2011 are one and the same by name Smt.Gangamma w/o Aralumalligaiah. Respondent in Crl.A.No.1204/2010 is one Sri.Aralumalligaiah who is said to be the husband of respondent in two other criminal appeals, as such, the respondents in all these three appeals are the husband and the wife.

(3.) The summary of the case of the complainant in the trial Courts in all the three complaints, from which the present appeals have arisen, is that the complainant and the accused are known persons to each other. The complainant was a tenant under respondent Smt.Gangamma. Since her landlady has failed to clear a housing loan borrowed by her from M/s. Deepak Sahakari Bank Limited, the said house came for sale and in order to avoid the untoward incident of sale of the house, at the request of said Smt.Gangamma and also at the request of her husband Sri.Aralumalligaiah, the complainant gave her hand loan.