OM PRAKASH AGARWAL Vs. KHAJA KRISHNA PRASAD

JUDGEMENT

(1.) THE unsuccessful complainant in C.C.No.4 of 1998 on the file of the Court of Additional Judicial Magistrate of I Class, Kothagudem, is the appellant herein.

(2.) THE parties are being referred as arrayed before the trial Court, for the sake of convenience.

(3.) THE trial Court has taken cognizance of the offence by recording sworn statement of the complainant; after securing presence of the accused and supply of copies under Section 207 Cr.P.C., and after questioning under Section 251 Cr.P.C., from the plea of accused of not guilty, proceeded with trial. In the course of trial, on behalf of the complainant, complainant was examined as PW.1 and another witness as PW.2 apart from marking Exs.P.1 to P.8 documents viz., Ex.P.1 is office copy of legal notice, dated 03.10.1997 got issued by PW.1 to the accused, Ex.P.2 is reply notice, dated 17.10.1997, got issued by accused, Ex.P.3 is cheque, dated 19.11.1997, Ex.P.4 is cheque return memo, dated 21.11.1997, issued by Indian Overseas Bank, Kothagudem, Ex.P.5 is another legal notice, Ex.P.6 is postal acknowledgement, Ex.P.7 is legal notice, dated 04.03.1997 got issued by PW.1 to the father of the accused, Ex.P.8 is reply notice, dated 15.04.1997, got issued by the accused. On behalf of the accused, no evidence was adduced but got marked Ex.D.1, which is reply notice, dated 15.04.1997 got issued by father of the accused, which is no other than Ex.P.8.