VINODKUMAR Vs. BAHETI AUTOMOBILES

JUDGEMENT

(1.) All the matters are arising out of the judgment and order dated 18th Aug., 2015 passed by the learned Additional Sessions Judge No.3, Akola in Criminal Appeal No. 120 of 2013 by which the judgment and order dated 29th Nov., 2013 passed by the learned Judicial Magistrate, First Class, Court No.6, Akola in SCC No. 5113 of 2008 was set aside and remanded the matter to the trial Court for retrial.

(2.) The complaint case was filed by Vinodkumar Bhagchandji Rathi against M/s. Baheti Automobiles and others alleging that accused No.1/Firm is constituted by its partners namely accused Nos.2 to 4. There was business transaction between the complainant and the accused persons. Whenever the complainant had an amount with him, he used to keep the said amount deposited with accused persons. In the year 2006-07, the complainant had deposited an amount of Rs.22,00,000.00 (rupees twenty-two lakhs only) with accused under different cheques of Rs.1,00,000.00 (rupees one lakh only) each. Accused agreed to pay the interest on amount of deposit at the rate of 24 per cent per annum. In the year 2006-07, accused repaid entire amount along with interest.

(3.) In the year 2007-08, the complainant had deposited an amount of Rs.30,00,000.00 (rupees thirty lakhs only) with the accused. Accused issued 30 cheques of Rs.1,00,000.00 (rupees one lakh only) each in favour of the complainant. Accused agreed to pay the interest at the rate of 24 per cent per annum. The account of complainant was operating under the signature of the father of complainant Bhagchandji Rathi who is holding Power of Attorney for the complainant.