Durga Projects Inc. vs B. G. Babu Reddy

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Kar) 515

ANIL B. KATTI
Durga Projects Inc. – Appellant
Versus
B. G. Babu Reddy – Respondent

Advocates Appeared:
For the Petitioner: Smt. K.M. Archana for Mr. H.S. Dwarkanath.
For the Respondent: Mr. N. Kiran.

JUDGMENT :

(Anil B. Katti, J.)

Appellant/complainant feeling aggrieved by Judgment of Trial Court on the file of XXII Addl. Chief Metropolitan Magistrate, Bangalore city, in C.C.No.9212/2019 and C.C.No.9213/2009 dated 11.04.2014, preferred these appeals.

2. Parties to both the appeals are referred with their ranks as assigned in the Trial Court for the sake of convenience.

3. These two cases are arising out of joint development agreement dated 27.01.2005 between complainant and accused, further, the cheque issued by accused in respective case for return of security deposit came to be dishonoured and the common question of law is to be decided in both these cases. Hence, both the appeals are taken up together for consideration.

4. Heard the arguments of both sides.

5. After hearing the arguments of both sides and on perusal of the Trial Court records, so also the impugned Judgment under appeal, the following points arise for consideration:

i) Whether the impugned Judgment under appeal passed by the Trial Court in acquitting accused for the offence punishable under Section 138 of N.I. Act is perverse, capricious and legally not sustainable?

ii) Whether interference of this Court is require