BONDADA SATYANARAYANA Vs. SMT. KORAPU SUREKHA

JUDGEMENT

(1.) This criminal appeal is filed under Section 378 of the Codeof Criminal Procedure, 1973 (for short 'Cr.P.C.') assailing the docket order dated 05.09.2019 passed in C.C.No.447 of 2018 by learned Principal Junior Civil Judge -cum- Judicial Magistrate of First Class, Ramachandrapuram wherein the complaint was dismissed and the accused was acquitted as per Section 256 of Cr.P.C.

(2.) The brief facts of the case are that respondent No.1/accused borrowed an amount of Rs.2,00,000/- from the appellant/complainant on 08.05.2016 for the purpose of meeting her family expenses as well as other debts and executed pronote in favour of the appellant agreeing to repay the same with interest at 24% per annum. Subsequently on repeated demands by the appellant, respondent No.1 issued cheque No.854655 dated 29.10.2017 for Rs.2,00,000/- towards part satisfaction, but the same was dishonoured on its presentation with an endorsement "funds insufficient". The appellant issued legal notice dated 09.11.2017 demanding respondent No.1 to pay the cheque amount and the same was received by her on 10.11.2017 but as she did not chose either to give reply or to pay the amount, the appellant filed private complaint and the same was numbered as C.C.447 of 2018. The trial Court has dismissed the said case on 05.09.2019 and passed the following docket order:

(3.) Heard Sri Phani Teja Cheruvu, learned counsel for the appellant and learned Assistant Public Prosecutor for respondent No.2-state. Though notice was served on respondent No.1 on 04.01.2020 as per track consignment, there is no representation on her behalf.