SIMHADRI SRINIVASA RAO Vs. KONDAVEETI KRISHNA MURTHY

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner, who was the appellant in Criminal Appeal No. 66 of 2006, on the file of X Additional District and Sessions Judge, Krishna at Machilipatnam ("Additional Sessions Judge" for short) and who was the accused in C.C. No. 543 of 2004 on the file of Additional Judicial Magistrate of First Class, Avanigadda, challenging the judgment, dtd. 20/8/2007, in the above appeal where under the learned Additional Sessions Judge, dismissed the Criminal Appeal filed by the appellant, as such, confirmed the judgment, dtd. 17/5/2006 in C.C. No. 543 of 2004. The revision petitioner faced trial before the Court below 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 rigorous imprisonment for two years and to pay an amount of Rs.1,50,000.00 towards compensation.

(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 under Sec. 190(1) of Cr. P.C. is that the complainant is resident of Avanigadda. On 15/5/2002 the accused borrowed a sum of Rs.1,50,000.00 from the complainant to do his business, agreeing to repay the same with interest at 18% per annum payable on demand to the complainant or on his order. On the even day, he executed a demand promissory note in favour of the complainant. On repeated demands made by the complainant, the accused issued a postdated cheque, dtd. 27/6/2004 for an amount of Rs.1,50,000.00 towards part payment of debt due under the promissory note vide cheque bearing No. 923919 drawn in the name of State of Bank of India, Avanigadda in favour of the complainant. The complainant presented the said cheque for collection in Indian Bank, Avanigadda in September, 2004. The Indian Bank, Avanigadda forwarded the cheque for collection to State Bank of India, Avanigadda. The State Bank of India, Avanigadda returned the cheque along with a cheque returned memo with date of 1/10/2004, with a reason that the accused account was closed. It was intimated to the complainant by Indian Bank along with memo, dtd. 5/10/2004 with a returned memo of State Bank of India along with the cheque. The closure of the account of the accused would amounts to dishonour of cheque. The complainant had properties and capacity to lend the amount under the promissory note. There is subsisting and legally enforceable debt due by the accused to the complainant. The accused with a dishonest intention to deceive the complainant to get wrongful gain issued the cheque. The complainant issued a registered notice on 19/10/2004 to the accused intimating the dishonour of the cheque and requesting to pay the amount within 15 days. The complainant also issued the notice by way of certificate of posting on the same day. The accused received the notice under certificate of posting and knowing the contents thereof, kept silent. He got managed to endorse that door locked with regard to the registered notice, knowing fully well about the dishonour of cheque and its consequences. Postal authorities returned it with the said endorsement. Hence, the complaint.