RAJARAM KHANDIGE Vs. RAMESH SANTHANAM

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner/accused No.2 being aggrieved by the judgment of conviction and order of sentence dated 22.01.2010 passed by the XIII Additional Chief Metropolitan Magistrate, Bangalore (hereinafter referred to as the 'Trial Court'), in CC No.25484/2005 which was upheld by the Fast Track Court-VI, Bangalore (hereinafter referred to as the 'First Appellate Court') in Crl.A.No.258/2010 vide judgment dated 14.12.2010.

(2.) Heard the arguments of learned counsel for the petitioner/accused No.2 as well as the respondent/complainant.

(3.) The status of the parties before the Trial Court is retained for the sake of convenience.4. The brief facts of the case of the respondent/complainant is that he filed a complaint under Sec. 200 of Criminal Procedure Code (for short 'Cr.P.C.') against five accused persons for the offence under Sec. 138 of the Negotiable Instruments Act (for short 'N.I. Act') alleging that accused No.1 is a Company registered under the Companies Act and accused Nos.2 to 5 are the Directors of accused No.1-Company. Accused No.1-Company, in order to set up a Call Centre, borrowed a sum of Rs.5.00 lakhs from the complainant on 22.01.2002 and executed a promissory note signed by accused No.2 (the present petitioner) and agreed to repay the same with interest at 20% per annum. Accused No.1-Company gave 15 Post-dated cheques towards repayment of the said amount of Rs.5.00 lakhs. By a letter dated 08.04.2002, a request was made to return of the cheques issued earlier and in replacement of the same, cheques for Rs.8,333/- each towards the interest for the period from 22.04.2002 to 22.04.2003 and a cheque bearing No.782730 dated 22.04.2003 for Rs.5.00 lakhs towards the principal amount were issued and these cheques were signed by accused No.2 as a Director and authorised signatory by its Board of Directors consisting of accused Nos.2 to 5. The cheques when presented to the Bank were returned with an endorsement 'Exceeds Arrangement'. The complainant when approached the accused, he gave a consolidated cheque for Rs.6,28,000/- on 12.01.2004 vide cheque bearing No.151294.