C S MADHUSUDHAN Vs. B ESWARAMMA

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 8-2-1999 passed in Criminal Appeal No.82 of 1998 on the file of the m Additional Metropolitan Sessions Judge, Hyderabad, whereby and where under the learned III Additional Metropolitan Sessions Judge, Hyderabad set-aside the conviction and sentence of accused B. Eshwaramma for the offence under Section 138 of Negotiable Instruments Act passed in C.C.No.190 of 1995 on the file of VI Metropolitan Magistrate, Hyderabad.

(2.) The facts of the case in brief giving rise to filing of this criminal appeal by complainant-C.S. Madhusudhan are : The respondent-accused allegedly has taken a hand loan of Rs.75,000/- from the complainant for the purpose of her son's business and in discharge of which, she issued a cheque - Ex.P.1 dated 304-1995 drawn on Bank of Baroda, Barkathpura Branch. On the presentation of such cheque, it came to be dishonoured for want of sufficient funds. Thereupon the appellant-complainant got issued a statutory notice under Ex.P.3. The respondent-accused evaded to receive the notice. The appellant- complainant having waited for statutory period presented a complaint before VI Metropolitan Magistrate, Hyderabad. The learned Magistrate took the complaint on file as C.C.No.190 of 1995. On appearance of the respondent-accused, learned Magistrate examined him under Section 251 Cr.P.C. putting substance of accusation levelled against him. The respondent-accused pleaded not guilty and claimed to be relied. The appellant-complainant examined three witnesses as PWs.1 to 3 and marked 8 documents as Exs.P1 to P.8. On behalf of the respondent-accused, three witnesses were examined as DWs.1 to 3. The learned Magistrate, on considering the evidence on record and on hearing the Counsel for the parties, found the respondent-accused guilty for the offence under Section 138 of the Negotiable Instruments Act and convicted her accordingly and sentenced her to undergo rigorous imprisonment for a period of two months and to pay a fine of Rs.2,000/-, in default, simple imprisonment for one month, by the judgment dated 28-2-1998.

(3.) Assailing the judgment of conviction and sentence passed in C.C. No.190 of 1995, respondent- accused filed Criminal Appeal No.82 of 1998 on the file of II Additional Metropolitan Sessions Judge, Hyderabad. The learned III Additional Metropolitan Sessions Judge, Hyderabad, on considering the material on record and hearing Counsel appearing for the parties, recorded a finding that statutory notice provided under Section 138(b) of the Negotiable Instruments Act is nor properly served and thus the complaint is devoid of statutory notice as provided under Section 138(b) of the Negotiable Instruments Act and accordingly set-aside the conviction and sentence imposed on the respondent-accused for the offence under Section 138 of the Negotiable Instruments Act and allowed the appeal by judgment dated 8-2-1999. Hence, this criminal appeal by the complainant.