On 15-1-2002 the accused in CC.No. 67 of 2005 have jointly borrowed an amount of Rs.20,000/- + Rs.20,000/- (total Rs.40,000/-) from the complainants in both the cases for their family expenses agreeing to repay the said amount with interest @ 24% per annum, jointly executed two promissory notes in favour of the complainants separately on the said date. In spite of the repeated demands, they did not pay the amount to the complainants (appellants) and ultimately towards discharge of the debt under the suit promissory notes the respondent (accused in CC.No. 503 of 2005) issued a cheque for an amount of Rs.40,000/- on 22-11-2004 drawn on ICICI Bank Limited Powarpet, Eluru towards full and final settlement of the amount due under the promissory note. Whereas both the accused in CC.No. 67 of 2005 jointly issued a cheque for an amount of Rs.30,000/- on 25-11-2003 drawn on Baroda Bank, Eluru towards discharge of the debt under the promissory note jointly executed by them. The cheque issued by Thota Venkataramaiah, the respondent-accused in Crl.A.No. 855 of 2006 when presented for collection on 23-11-2004 was dishonoured on the ground of “Insufficient funds”. Whereas the cheque jointly issued by the respondents in Crl.A.No.856 of 2006, the respondents (Accused 1 and 2) when presented for collection on 01-12-2003 was dishonoured on the ground of “insufficient funds”. After receiving information about the dishonour, the appellants issued notice to the respondents on 03-12-2004.
