RAM RAMA RAO Vs. VAGUNTA YADUBHUSHANARAO

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner, who was the appellant in Criminal Appeal No. 173 of 2003, on the file of Principal Sessions Judge, West Godavari District at Eluru, challenging the judgment, dtd. 16/3/2005, where under the learned Principal Sessions Judge, dismissed the Criminal Appeal filed by the appellant, confirming the judgment in C.C. No. 26 of 2003, on the file of Judicial Magistrate of First Class (Special Mobile Court), West Godavari District at Eluru. The Revision Petitioner faced trial before the learned Judicial Magistrate of First Class, West Godavari District at Eluru for the offence under Sec. 138 of Negotiable Instruments Act ("N.I. Act" for short) and he was convicted under Sec. 255 (2) of the Code of Criminal Procedure ("Cr.P.C." for short) and sentenced to suffer simple imprisonment for six months and to pay a fine of Rs.5,000.00, in default to suffer simple imprisonment for two months.

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

(3.) The case of the complainant before the Court below, according to the averments in the complaint filed by him alleging the offence under Sec. 138 of N.I. Act, is that the accused borrowed a sum of Rs.1,00,000.00 on 13/1/1999 from the complainant, agreeing to repay the same with interest at Rs.2.0050 ps. Per month per hundred with yearly rests. The accused accordingly executed a promissory note in favour of the complainant on the same day. On 13/12/2000 the accused issued a cheque in favour of the complainant, drawn on Canara Bank, Chettinavaripalem, Visakhapatnam for Rs.1,50,000.00, towards part discharge of the amount due under the promissory note. When the cheque was presented through the banker of the complainant in State Bank of India, it was returned by the Canara Bank, Visakhapatnam with an endorsement that payment of cheque was stopped. The payment was stopped, as the accused did not have sufficient funds to honour the cheque. The cheque bearing No. 564094, dtd. 13/12/2000, drawn on Canara Bank, was dishonoured. The complainant issued a notice on 25/2/2001 as per the provisions of Negotiable Instruments Act to the accused. The accused received the same on 28/2/2001. As on the date of complaint, the accused did not make any payment. He did not give any reasons for stopping the payment. Hence, the complaint.