WATERBASE LIMITED Vs. KARUTURU RAVENDRA PROPRIETOR BUTTERFLY AQUATECH

JUDGEMENT

(1.) This criminal appeal is filed challenging the judgment dated 2.4.1997 passed by the Court of Judicial First Class Magistrate, Kakinada in C.C, No. 321 of 1995.

(2.) The complainant filed the complaint against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act (for short "the N.I. Act"). The Court below, on evidence, found the accused not guilty of the said offence and accordingly acquitted him. Challenging the order of acquittal, the complainant had preferred this appeal.

(3.) The facts of the case in brief are that the appellant is a company and it has been carrying on with the business of manufacturing and selling of prawn feed under the brand name "Luxe Water Base" and the accused is the distributor of the appellant in East Godavari District. During the said transaction, the accused fell due to a sum of Rs. 1,55,87,952.00 and in due discharge of the said liability, the accused issued a cheque dated 26.1.1995 drawn on the Corporation Bank, Kakinada for a sum of Rs. 6,00,000.00 in favour of the complainant. The complainant presented the said cheque on 27.1.1995 and the same was returned for want of sufficient funds and this fact was intimated to the accused. At the request of the accused, the said cheque was represented on three more occasions i.e., on 2.2.1995, 8.2.1995 and on 6.7.1995. Even on these three occasions also, the said cheque met with the same situation. Therefore, the complainant got issued a registered notice dated 12.7.1995 and the accused received the same on 15.7.1997, but he failed to reply. Hence Sri S. Santhanaraman, Assistant Manager, Credit Control, representing the company, filed the present complaint.