AGRAWAL TUBE DISTRIBUTION Vs. SONY ENGINEERING WORKS

JUDGEMENT

(1.) Heard Smt. Manjula, representing Sri Hanumantha Rao, counsel for the appellant and Sri Mahadeva, representing Sri Krishna Murthy, counsel representing the respondent and the learned Additional Public Prosecutor.

(2.) The complainant in C C.No. 812 of 1995 on the file of the XI Metropolitan Magistrate, Secunderabad preferred the present criminal appeal as against the order of acquittal recorded by the learned Magistrate in the said C.C.No. 812 of 1995 by the Judgment dated 09-7-1998

(3.) The case of the complainant is that the complainant supplied G.I. Indian Gold tubes to the respondents 1 and 2 worth Rs. 3,10,571/- and against the said outstanding amount of Rs. 3,10,571/-, A-2 made cash payments and accused No. 1 issued three cheques for Rs. 50,000/- each dated 13-4-1995, 20-4-1995 and 24-4-1995 and A-1 had honoured cheque No. 1133253 dated 13-4-1995, but other two cheques dated 19-4-1995 and 22-4-1995 bearing Nos. 1133254 and 1133257 were dishonoured. Then the accused paid Rs. 1,35,571/- to the complainant on various dates. The complainant presented the said two cheques bearing Nos. 1133254 and 1133257 dated 19-4-1995 and 22-4-1995 for Rs. 50,000/- each and the same were returned with endorsement 'insufficient funds'. Then the complainant issued a legal notice dated 08-9-1995 and the same had been acknowledged by the accused, but failed to pay the amount. Hence, the accused are liable to be punished under Section 138 of Negotiable Instruments Act, 1881 (hereinafter in short referred to as 'the Act'). The complainant examined himself as P.W. 1 and Exs. P-1 to P-15 were marked. On appreciation of evidence, an order of acquittal had been recorded, hence the criminal appeal.