The case of the companyplainant Mohammed Hyath is that the appellant accused borrowed a sum of Rs.10,00,000/ Rupees Ten Lacs , on 01.01.2002, from him as a loan to develop his A.T.S. Groundnuts Sweets Factory at Bannerghatta Road, Bangalore and undertook to repay it on or before 16.08.2002 with simple interest.
The Trial Court by its judgment dated 27.04.2004 acquitted the appellant accused on the ground that the companyplainant has number proved the case beyond reasonable doubt as the documentary and also the oral evidence adduced by the appellant accused substantiates the defence plea of the accused.
Being aggrieved, the appellant accused is before us in this appeal by way of special leave.The said cheque, when it was presented for realization, was returned with the endorsement account closed.
Further case of the companyplainant is that towards discharge of the said liability, the appellant accused issued a cheque for a sum of Rs.10,22,419/ dated 14.11.2002 drawn on Karnataka Industrial Co operative Bank Limited, Bangalore Rural Branch, Chamarajpet, Bangalore.
Being aggrieved, the said companyplainant preferred appeal before the High Court in Criminal Appeal No.895 of 2004, in and by which the High Court reversed the acquittal and companyvicted the appellant as aforesaid in paragraph 2 .
After issuing the statutory numberice, the companyplainant had filed a companyplaint under Section 138 of the Negotiable Instruments Act in C.C. No.40274/2002 before the XVIII ACMM XX ASCJ, Bangalore City.
BANUMATHI, J. Leave granted.
A. No.895 of 2004 in and by which the High Court set aside the acquittal of the appellant and companyvicted him for the offence under Section 138 of the Negotiable Instruments Act and imposing a fine of Rs.11,00,000/ Rupees Eleven Lacs , in default to undergo simple imprisonment for a period of six months.
Out of the fine amount, the High Court has directed that a sum of Rs.10,50,000/ Rupees Ten Lacs Fifty Thousand be paid as companypensation to the legal representatives of the companyplainant Mohammed Hyath.
