B. RAGHUNANDAN REDDY Vs. V. RAJASHEKAR REDDY

JUDGEMENT

(1.) THE appellant -complainant seeks to assail the judgment of acquittal dated 29.03.2007 passed by the learned Judicial Magistrate of First Class, Wanaparthy, in the private complaint case C.C. No. 112 of 2004 filed by said complainant against the accused V. Rajasekhar Reddy (1st respondent herein), for an offence under Sections 138 and 142 of the Negotiable Instruments Act (for brevity 'the Act').

(2.) THE facts before the trial Court are that on 29.09.2002 the accused approached the complainant at his residence and borrowed an amount of Rs. 18,000/ - and also executed Ex. P. 1 promissory note in favour of the complainant but failed to repay the same, then on demands made by the complainant, the accused issued Ex. P. 2 cheque bearing No. 236510 for Rs. 18,000/ - on 29.10.2002, that on 21.04.2003, when the complainant presented for collection the same was returned dishonoured on the reason of 'insufficiency of the funds' covered by Exs. P. 3 and P. 4 cheque return memos, dated 29.10.2002 and 25.04.2003 and the same is intimated to the accused through Ex. P. 5 legal notice, dated 05.05.2003 covered by Ex. P. 6 receipt, by the complainant evidenced by Ex. P. 7 certificate of posting but the same was returned with an endorsement that the addressee was refused to take the notice, that the accused neither paid nor replied for legal notice which made the complainant to file the private complaint case.

(3.) ON behalf of the complainant during the course of trial besides himself as P.W. 1 cause examined P.W. 2 G. Buchaiah and P.W. 3 Deshabandu and got marked Exs. P. 1 to P. 9, Viz., Exs. P. 1 to P. 7 mentioned supra, Ex. P. 8 medical certificate and Ex. P. 9 is returned postal cover and on defence side the accused examined himself as D.W. 1 and cause examined D.Ws. 2 and 3 and got marked Exs. D. 1 to D. 5 viz; receipt, scanning receipt, statement, user call details and certificate issued by Insurance company.