YARRAMADHA ASHOK Vs. GADE RAM REDDY AND ANOTHER

JUDGEMENT

(1.) - Aggrieved by the order dated 07.01.2016 passed in Crl.M.P.No.1515 of 2015 in C.C. No.329 of 2012 on the file of the Judicial Magistrate of First Class, Special Mobile Court at Nalgonda, wherein an application filed under Sec. 311 Crimial P.C., to recall P.W.1 for cross-examination with regard to mode of payment of loan and service of notice was rejected, the present Revision is filed.

(2.) The facts in issue are as under :

(3.) The first respondent herein filed a private complaint against the petitioner herein for an offence punishable under Sec. 138 of the Negotiable Instruments Act. The said case was taken on file as C.C. No.329 of 2012. It is the case of the complainant that the petitioner/accused took a hand loan of Rs.14 lakhs to meet his family necessities. With regard to repaying the said amount with interest, he is alleged to have given a cheque bearing No.464551 for Rs.15,00,000.00 towards part satisfaction of the said amount. The said cheque, when presented, was returned with an endorsement Funds Insufficient . Thereafter a notice was issued on 16.06.2012 calling upon the accused to pay the amount within 15 days from the date of receipt of the notice. It is said that in spite of service of notice the accused failed to pay the amount. Hence, the present complaint is filed.