K. VENKATESH REDDY Vs. K. SRINIVASAN

JUDGEMENT

(1.) In this appeal, complainant has challenged the judgment and order of the Sessions Court, by which it has set aside the conviction and sentence of respondent/accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I. Act ' for short) passed by the trial Court.

(2.) For the sake of convenience the parties are referred to by their rank before the trial Court.

(3.) Complainant filed C.C.No.31974/2008 under Sec. 200 of Cr.P.C. for the offence punishable under Sec. 138 of the N.I. Act, alleging that he entered into a registered lease agreement dtd. 21/6/2006 in respect of factory unit situated in Sy.No.714/2A measuring 1.82 acres out of total extent of land measuring 4.5 acres, together with stone crushing machine and other related machines and spares. He entered into said agreement based on the representation by the accused that he is having license to run the factory. It was for a period of two years which could be extended. Pursuant to the said agreement, he made security deposit of Rs.5,00,000.00 and agreed to pay rent at the rate of Rs.50,000.00 p.m. He also paid Rs.15,00,000.00 to the labour contractor for providing labour for one year.