Bangalore District Court Anantha Padmanabha Credit ... vs Shashikala B R on 11 June, 2024 KABC010062992023 IN THE COURT OF THE LXII ADDL.CITY CIVIL & SESSIONS JUDGE (CCH63), BENGALURU. DATED: THIS THE 11th DAY OF JUNE, 2024 PRESENT Sri A. EARANNA, M.Com., LL.M., LXII Addl. City Civil & Sessions Judge, Bengaluru. CRIMINAL APPEAL No. 290/2023 APPELLANTS/ 1. Shri Anantha Padmanabha Credit ACCUSED : Cooperative Society Ltd., A registered Cooperative Society Rep. By its Authorized signatory/President Sri. Rajgopal Char N. L. S/o Late Lakshmana Char No.3, Raghu Layout, Mariyamma block Ramachandrapura (Last Bus stop) Jalahalli post, Bengaluru560 013 2. Shri. Rajgopalchar N.L., S/o Late Lakshmana Char Aged about 67 years Authorized signatory / President of Sri. Anantha Padmanabha Credit Co operative Society Ltd., No.3, Raghu Layout, Mariyamma block Ramachandrapura (Last Bus stop) Jalahalli post, Bengaluru560 013 (By Neela H B, Advocate) VS 2 Crl.A.No.290/2023 RESPONDENT/ Smt. Shashikala B.R., COMPLAINANT: W/o Late B.R. Raja Mohan Aged about 51 years R/at No.68, 'Pavithra', I.E.H.C.S. Layout, Near Cafe Coffee Day Vidyaranyapura, Bengaluru560 097 (By N.D., Advocate) JUDGMENT This is a criminal appeal preferred by the appellants/accused under Section 374 of Cr.P.C., being aggrieved by the conviction judgment passed by the learned XVIII Addl. Chief Metropolitan Magistrate, Bengaluru, dated 19.01.2023 in C.C.No. 1757/2017. 2. For the sake of convenience, the appellants and respondent of the present case will be referred by their original status before the Trial Court. The appellants are the accused and respondent is the complainant before the Trial Court. 3. The brief facts of the case are as under: The 1 st accused is a registered Credit Cooperative Society Limited and 2nd accused is the authorized signatory/President of the accused No.1. The complainant and her husband Sri. 3 Crl.A.No.290/2023 B.R. Raja Mohan (now deceased) were the members of the accused No.1 society and the complainant had RD account in the said society and also borrowed a loan of Rs.20,000/ from the said society and repaid the same. The accused No.2 being a family friend and known to her through her husband and they were acquaintance past five to six years. In that acquaintance, the accused No.2 has approached the complainant in the 2nd week of March 2016 and requested for a hand loan of Rs.30 lakhs as he was in need of founds to meet his urgent personal problem and financial commitments. By that time the complainant has sold her immovable property and received a sale consideration amount of Rs.47,00,000/ under a registered sale deed. Out of the said amount she has paid Rs.15,00,000/ by way of cash to the accused No.2 and Rs.15 lakhs through RTGS in the name of accused No.1 society on 24.3.2016. The accused No.2 having been received the said loan amount of Rs.30 lakhs has executed loan agreement and demand promissory note on the same day and also issued two cheques bearing No.502659 and 502660 drawn on ICICI Bank, Vidyaranyapura Branch, Bengaluru and the accused No.2 has agreed to repay the said loan amount 4 Crl.A.No.290/2023 within 30 days. But he has not kept up his promise and after repeated demand he has issued three cheque bearing No.502672 dated 30.09.2016, No.502673 dated 30.10.2016 and No.502661 dated 15.11.2016 for Rs.10,00,000/ each all drawn on ICICI Bank, Vidyaranyapura Branch, Bengaluru towards the repayment of aforesaid loan amount and assured that the said cheques will be honoured on their presentation and also agreed to pay the accrued interest @ 15% per annum once the cheque dated 15.11.2016 is encashed. On the assurance of the accused, the complainant has presented the cheque bearing No.502673 dated 30.10.2016 for a sum of Rs.10,00,000/ for encashment through her banker on 04.11.2016, said cheque was returned unpaid with an endorsement "Funds Insufficient" dated 04.11.2016. Thereafter the complainant issued