KOTHAPALLI KRISHNA MOHAN Vs. STATE OF A.P

JUDGEMENT

(1.) This Criminal Revision Case, under Ss. 397(1) and 401 of the Code of Criminal Procedure, 1972 (for short, 'the Cr.P.C'), came to be filed by the petitioner, who is the unsuccessful appellant in Criminal Appeal No.114 of 2008 on the file of the Court of I Additional District and Sessions Judge, Guntur (for short, the 'learned Additional Sessions Judge') and the unsuccessful accused in Calendar Case No.877 of 2007, on the file of the Court of V Additional Munsif Magistrate, Guntur (for short, 'the learned Magistrate'), challenging the judgment, dated 03-11- 2008, in Criminal Appeal No.114 of 2008, whereby the learned Additional Sessions Judge, confirmed the judgment, dtd. 31/3/2008 in C.C. No.877 of 2007.

(2.) The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court, for the sake of convenience.

(3.) The accused in C.C. No.877 of 2007 faced trial for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act'). The case of the complainant, in brief, before the Court below, according to the averments in the complaint, is as follows: