SATHISHA. B. A. Vs. R. PRASAD

JUDGEMENT

(1.) This criminal appeal is filed under Section 378 (4) of Code of Criminal Procedure assailing the judgment and order passed by the LXVIII Addl. Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru, in C.C.No.53478/2016, which was decided on 14.02.2018.

(2.) The appellant was the complainant before the Trial Court. It is the case of the appellant that he had lent a sum of Rs.8,00,000/- to the respondent being a co-worker at Hindustan Aeronautics Limited, Bangalore. It is stated that the respondent approached the appellant seeking a hand loan to meet the unexpected expenditure befallen on the respondent on his brother meeting with a road accident. It was contended by the appellant that he had given Rs.2,00,000/- to the respondent during January 2014, a sum of Rs.4,00,000/- on 11.03.2014 and another sum of Rs.2,00,000/- on 04.06.2014.

(3.) In order to substantiate that he had the resources with him, the appellant had produced copies of two sale deeds as Exs.P10 and P11. Ex.P10 is a sale deed dated 10.03.2014 whereby the appellant had sold a property to one Smt. Sudha M., for a sale consideration of Rs.6,00,000/-. Similarly by virtue of another sale deed Ex.P11 dated 10.03.2014 the appellant had sold another property for a sale consideration of Rs.6,60,000/-. Further, the appellant had produced bank statement marked as Ex.P13 in order to prove that at the relevant point of time, the appellant had the resources to lend a sum of Rs.8,00,000/- to the respondent.