OMPRAKASH Vs. L. SUNITHA

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 09.04.2007 in C.C. No. 231 of 2006 passed by the learned Special Judicial Magistrate of First Class, Mobile (PCR), Adilabad acquitting the accused for the offence under Section 138 of Negotiable Instruments Act, 1881 (for short N.I. Act), the complainant preferred the instant Criminal Appeal.

(2.) ON factual side, the case of complainant is that he was doing cement business under the name and style Meghraj Omprakash Cement Dealer, Adilabad and one Damodar who is none other than his nephew, is his authorised GPA holder. The accused L. Sunitha used to purchase cement on credit from the said Damodar as proprietor of Uma Maheshwari Trading Company. She purchased cement worth Rs. 1,26,070/ - from the complainant on credit from 02.02.2002 to 05.04.2002, but failed to pay the amount and hence on demand issued 9 cheques for Rs. 99,420/ -. The further case of complainant is that when the cheques were presented in Andhra Bank, Adilabad for encashment, they were returned bounced for insufficient funds in the account of accused in Union Bank of India, Adilabad. The same was intimated to the accused through legal notice on 11.12.2004 and demanded her to pay the amount within 15 days which was served on 17.12.2004, but she neither gave reply nor paid. Hence, the complainant filed the complaint under Section 142 of Negotiable Instruments Act (for short N.I Act).

(3.) THE trial Court on appreciation of oral and documentary evidence on record held that complainant failed to fulfil the conditions required under Section 138 of N.I Act and accordingly the trial Court acquitted the accused. Hence, the appeal by complainant.