KOMMULA KARUNA Vs. STATE OF A P

JUDGEMENT

(1.) Heard the Counsel for the petitioner- appellant and also the learned Additional Public Prosecutor.

(2.) This Criminal M.P. is filed under Sections 5 and 14 of the Limitation Act, 1963, praying for condonation of delay of 1105 days in filing appeal against an order dated 7-3-2001 in C.C.No. 794 of 1999 on the file of II! Additional Judicial Magistrate of First Class, Warangal,

(3.) The facts, in brief, are as hereunder: The case of the petitioner-appellant is that the 2nd respondent borrowed a sum of Rs. 3,00,000/- under a promissory note date 27-6-1999 to repay the same with interest and he did not repay the same in spite of repeated requests, but he issued a cheque dated 31-8-1999 drawn on Bank of India Branch, Warangal, for a sum of Rs. 3,12,000/- which includes principal and interest and the cheque issued by 2nd respondent was returned as unpaid on its presentation for its encashment through the petitioner's Banker and thereupon, the petitioner issued a legal notice demanding the 2nd respondent to pay the said amount. The 2nd respondent having received the said notice issued a reply by way of telegram denying the transaction. In such circumstances, the petitioner filed C.C. No. 794 of 1999 on the file of III Additional Judicial Magistrate of First Class, Warangal, under Section 138 of Negotiable Instruments Act. The learned Magistrate had taken cognizance of the complaint and issued process to the 2nd respondent. The 2nd respondent appeared, but however, due to the misfortune of the petitioner, the matter was dismissed n 7-3-2001 on the ground that the petitioner was not present when the matter was called.