B.N.V.SUDHEER Vs. A.C.CHETAK

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Senior Counsel appearing on behalf of respondent No.1.

(2.) Perused the records. Respondent No.1 filed an application in I.A.No.2/2017 for vacating the interim order dated 18.4.2017 passed by this Court. However, the matter is heard on merits of the petition itself, with consent.

(3.) The complainant by name Sri A.C.Chetak S/o.Channabasappa-first respondent herein lodged a private complaint against respondent No.1-Company by name M/s.MSSW Projects Private Limited along with the petitioner and the third respondent herein as Directors of the said Company. It appears, the said complaint was lodged on the basis of a letter of undertaking executed by the petitioner and the second respondent dated 15.12.2010 under which two cheques were issued, one cheque bearing No.330183 dated 31.12.2010 and another cheque bearing No.330184 dated 28.2.2011 by the petitioner and the third respondent in favour of the first respondent.