A YESUBABU Vs. D APPALA SWAMY

JUDGEMENT

(1.) This revision is directed against the judgment in Criminal Appeal No.154 of 1997 dated 7-8-1998 on the file of the IV Additional Sessions Judge, Hyderabad under which the learned Sessions Judge confirmed the conviction and sentence of six months rigorous imprisonment and fine of Rs.5000/- imposed against the appellant-accused for the offence under Section 138 of the Negotiable Instruments Act by the learned XV Metropolitan Magistrate, Hyderabad in C.C. No.558 of 1994 dated 12-3-1 997.

(2.) The brief facts that are necessary for disposal of the present revision may briefly be stated as under. On 11-7-1987, the appellant-accused received an amount of Rs.22,000/- from the complainant with a promise that he would get a plot for the complainant. Thereafter, the appellant- accused neither gave the plot as promised by him nor returned the amount of Rs.22,000/- to the complainant. Subsequently, on several demands made by the complainant, the appellant-accused issued a cheque dated 25-8-1994 for Rs.25.000/-. When the said cheque was presented before the concerned bank for realization, it was dishonoured five times for want of sufficient funds. Therefore, the complainant got issued a statutory notice to the appellant- accused calling upon him to pay the amount, but the appellant-accused failed to pay the amount covered by the cheque. Hence, the complaint was filed against the appellant - accused for the offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) During the course of trial, the complainant himself was examined as PW.1 and got marked Exs.Pl to Ex.P6. No oral or documentary evidence was adduced on behalf of the appellant-accused.