ADAPA BHOGI RAJU Vs. S G RAMAYYA

JUDGEMENT

(1.) This is an appeal preferred by the appellant-complainant challenging the judgment of the First Addl. Judicial First Class Magistrate, Amalapuram dated 21/12/1991 passed in C.C. No. 89 of 1991, on his file, acquitting the accused of the offence under Section 138 of the Negotiable Instrument Act, as amended by Act 66 of 1988.

(2.) The complainant, Adapa Bhogi Raju is the lessee of Srinivas Theatre for the period 1989-90 and he transacted business with the accused, who is the Film Distributor running the business under the name and style of "Venkateswara Films", Rajamundry. In the business transactions between the complainant and the accused, the accused became due to the complainant to certain amounts and in discharge of the same he issued four cheques to the complainant for a total value of Rs. 45,000.00 at Amalapuram. Thereafter, the complainant presented those cheques in his Bank for collection but the cheques were returned unpaid as the accused was not having sufficient funds in his account. Later, on 21-1-1991 the complainant issued a notice to the accused apprising the accused of the above said fact of return of the cheques as unpaid and calling upon him to make the payment of the amount covered by the cheques. The accused issued a reply notice with untrue allegations and did not pay the amount. Thereafter, the complainant gave 15 days time to the accused for payment of the amount and as he did not pay the amount, the complainant filed the complaint against the accused for the offence under Section 138 of the Negotiable Instruments Act.

(3.) Exs. P-1 to P-4 are the four cheques in question. Ex. P-5 is the letter of the Manager of Andhra Bank, Rajahmundry. Ex. P-6 is the acknowledgement issued by Andhra Bank, Danavaipeta, Rajahmundry issued in token of receipt of the four cheques. Ex. P-7 is the memo returning the cheques issued by the Andhra Bank Rajahmundry, to Andhra Bank, Amalapuram. Ex. P-8 is the office copy of the notice issued by the complainant to the accused informing the accused about the dishonour of cheques by the bank and calling upon him to pay the amount, and Ex. P-9 is the postal acknowledgement for receipt of the notice Ex. P-8.