P NARASIMHA REDDY Vs. D L NARASIMHA RAO

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 10.3.1998 in C.C.No.833 of 1996 on the file of the VI Metropolitan Magistrate, Hyderabad, wherein, the accused-respondent was found not guilty of the offence under Section 138 of the Negotiable Instruments Act (for short 'the Act') and accordingly was acquitted under Section 255(1) Cr.P.C.

(2.) The facts of the complaint in a nutshell are that the accused borrowed a sum of Rs.96,750/- from the complainant on 5.3.1996 assuring to repay the same within one month. In order to discharge the said amount, the accused gave a cheque for Rs.96,750/- vide cheque No.474846 dated 23.4.1996 drawn on Tamilnadu Mercantile Bank Limited, Hyderabad. Subsequently, the complainant, on the request of the accused, presented the cheque in Indian Bank, Narayanaguda on 23.8.1996 for collection, but it was returned with an endorsement "Insufficient funds". Subsequently, the complainant got issued a telegraphic notice on 6.9.1996 to the accused demanding the amount due. Since the accused neither paid the amount nor gave reply to the telegraphic notice, the complaint under Section 138 of the Act was filed.

(3.) The complainant, in support of his case, examined P.Ws.1 to 3 and marked Exs.P1 to P7. On behalf of accused, D.W.1 was examined and Exs.D1 and D2 were marked.