GANGAVARAM SIVA PARVATHI REDDY Vs. SARANGAM VENKATESWARLU

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner herein challenging the judgment dated 03.12.2007, passed by the V Additional Sessions Judge (Fast Track Court), Guntur, in Criminal Appeal No.80 of 2006, whereunder and whereby the conviction and sentence passed against the revision petitioner herein for the offence punishable under Section 138 of Negotiable Instruments Act, vide the judgment dated 02.02.2006 in C.C.No.429 of 2004 by the IV Additional Munsif Magistrate, was confirmed.

(2.) THE revision petitioner herein is sole accused and the 1 st respondent herein is the complainant in C.C.No.429 of 2004 before the trial Court. For the sake of convenience, the parties are hereinafter referred to as they were arrayed in the C.C. before the trial Court.

(3.) THE case of the prosecution in brief is that the accused borrowed a sum of Rs.1,50,000/ - from the complainant on 21.04.2004 for the purpose of her hostel expenses and executed a promissory note in his favour. On several demands, the accused issued a cheque for Rs.1,00,000/ - on 29.05.2004 drawn on Andhra Bank, Bapatla towards part payment. When the complainant presented the said cheque before his banker Indian Bank, Nehrunagar Branch, Guntur for collection on 30.05.2004, the same was dishonoured and returned to him with an endorsement "funds insufficient". When the said fact was informed to the accused, he did not respond and hence the complainant got issued a legal notice to the accused on 22.06.2004, for which, the accused gave a vague reply on 28.06.2004. As the accused failed to pay the cheque amount, the complainant filed the complaint under Section 138 of the Negotiable Instruments Act.