B RAJA KRISHNAJI Vs. KADAM KONDOJI

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 17. 09. 2001 passed in C. C. No. 2 of 1998 on the file of the Judicial Magistrate of First class, Nuzvid, Krishna District, whereby and whereunder the learned Magistrate found accused Kadam Kandoji not guilty for the offence under Section 138 of the negotiable Instruments Act, 1881, (for short, 'the N. I. Act'), and acquitted him accordingly.

(2.) THE appellant is the complainant and the first respondent is the accused in C. C. No. 2 of 1998. The parties hereinafter referred to as the complainant and the accused.

(3.) IT is the case of the complainant that the accused took a hand loan of rs. 25,000/- from him in October, 1997. The accused issued Ex. P1 cheque dated 05. 11. 1997 for Rs. 25,000/- drawn on State Bank of Hyderabad, Nuzvid Branch, towards discharge of hand loan. The complainant presented the cheque for collection and thereupon the cheque came to be dishonoured on the ground of insufficient funds. The complainant got issued Ex. P3 notice to the accused as contemplated under Section 138 (b) of the N. I. Act calling upon the accused to make good the amount covered under the cheque in question. The accused despite receiving the notice, neither paid the money covered under the cheque in question nor issued any reply. Hence, the complainant filed the complaint before the Judicial Magistrate of First Class, Nuzvid.