SAMMETA SRIHARI Vs. STATTE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS Criminal Appeal is filed by the appellant -complainant Sri Sammeta Srihari assailing the acquittal judgment, dated 10.09.2007, passed by the learned II Additional Judicial Magistrate of 1st Class, Machilipatnam, in the private complaint case vide C.C.No.339 of 2005 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity 'N.I. Act').

(2.) THE case of the complainant is that, the accused obtained hand loan of Rs.1,25,000/ - for her family benefit on 06.01.2005 agreeing to repay the same within two months and in turn the accused issued Ex.P.1 post -dated cheque bearing No.449217, dated 05.03.2005, for said amount of Rs.1,25,000/ - in his favour drawn on State Bank of India, Machilipatnam Branch. When the complainant sent for collection of the cheque through his banker, same was dishonoured on the premise of "insufficient funds" vide Ex.P.2 memo, dated 18.03.2005 with Ex.P.3 letter dated 29.03.2005. The complainant, therefore, got issued Ex.P.4 legal notice dated 19.04.2005, demanding the accused to repay the amount covered under the cheque (Ex.P.1). The accused received the same on 23.04.2005 under Ex.P.5 acknowledgement. He also got issued reply notice on 25.04.2005 vide Ex.P.6 with false allegations and failed to repay the amount. Hence the complaint.

(3.) DURING the course of trial, on behalf of the complainant, complainant was examined as PW.1 and got marked Exs.P.1 to P.6 supra. The accused but for cross examination of PW.1, did not adduce any independent evidence.