J SUBBA RAO COMPLAINANT Vs. T BUCHA REDDY

JUDGEMENT

(1.) This Criminal Appeal is directed against the Judgment of the learned II Additional Metropolitan Sessions Judge, Hyderabad dated 24-11-1995 in Crl .Appeal No. 409 of 1994 acquitting the 1st respondent-accused by reversing the Judgment of the learned XVII Metropolitan Magistrate, Hyderabad in CC No. 413 of 1993 dated 30-8-1994 under which the 1st respondent-accused was convicted and sentenced to pay a fine of Rs. 500/- in default to undergo S.I. for one month for the offence under Section 138 of the Negotiable Instruments Act.

(2.) The case of the appellant-complainant is that on 8-2-1989 the 1st respondent-accused took a sum of Rs. 25,000/- as hand loan from his and he gave a cheque dated 31-1-1993 for Rs. 20.000/- in discharge of the said loan and on presentation of the said cheque, it was bounced on 26-61993 for insufficiency of funds in the account of the accused. The appellant-complainant then gave a notice dated 5-7-1993 to the accused calling upon him to pay the amount. The accused received the said notice on 6-7-1993 and gave a reply dated 30-8-1993 requesting for time. Since the 1st respondent-accused did not pay the amount, he filed the complaint.

(3.) Before the trial court to prove his case the complainant got examined one witness as P.W. 1 and got marked Ex.P-1 to Ex.P-6. D.W. 1 was examined on behalf of the 1st respondent-accused. No documentary evidence was adduced on behalf of the 1st respondent-accused.