S. MADHAVA REDDY Vs. SMT. MANGAMMA

JUDGEMENT

(1.) Heard the learned Counsel for the appellants.

(2.) The peculiar facts and circumstances of these cases are that the present appellants were the complainants in three cases against the very same respondent - accused, alleging an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (Hereinafter referred to as the 'N.I. Act', for brevity).

(3.) Insofar as the appeal in.Cri. A No. 263/2007, is concerned, it is contended that in the month of December 2003, the Respondent had Order accordingly. received a hand loan from the petitioner in a sum of Rs. 5.00 lakhs and to discharge the said liability, the respondent had issued a cheque in favour of the appellant. It is claimed that the cheque, when presented for encashment, through his banker, came to be dishonoured for the reason that the payment was stopped by the drawer. Since the respondent had failed to keep up the promise to repay the appellant, a legal notice was issued and a complaint was filed thereof.