GORANTLA VENKATESWARA RAO Vs. KOLLA VEERA RAGHAVA RAO

JUDGEMENT

(1.) The complainant and the accused are same in both the cases. Both the cases relate to the transactions of a cheque, therefore, the appeal as well as the revision petition are clubbed and this common judgment is delivered. Crl. Appeal No. 1581 of 1999

(2.) Criminal Appeal No. 1581 of 1999 is preferred by the complainant in C.C.No. 1 of 1995 on the file of the V Additional Munsif Magistrate, Guntur. The appellant filed a private complaint against the first respondent (accused) for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'). The learned Magistrate after considering the evidence adduced by the complainant found the accused guilty of the offence, convicted and sentenced him to undergo rigorous imprisonment for one year for the offence under Section 138 of the Act, through judgment dated 9-1-1997. The accused, being aggrieved by the conviction and the sentence imposed by the learned Magistrate, preferred Criminal Appeal No. 12 of 1997 on the file of the 1 Additional Sessions Judge, Guntur. The learned Sessions Judge, through judgment dated 23-7-1999, set aside the conviction and the sentence imposed by the learned Magistrate for the offence under Section 138 read with 142 of the Act and allowed the appeal. The complainant, being aggrieved by the judgment of the learned Sessions Judge, preferred this appeal challenging its validity and legality.

(3.) The case of the prosecution leading to the complainant preferring this appeal is briefly as follows.