G VEERESHAM Vs. S SHIVA SHANKAR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 14th November, 2002 passed in C.C.No.27 of 2000 on the file of the Judicial Magistrate of First Class, Tandur, Ranga Reddy District, whereby and where under the learned Magistrate found accused-S.Shiva Shankar 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.) Appellant herein is the complainant and first respondent herein is the accused in C.C.No.27 of 2000 on the file of the Judicial Magistrate of First Class, Tandur, Ranga Reddy District. They are here-in-after referred to as the complainant and the accused.

(3.) The back ground facts, in nut-shell, leading to filing of this criminal appeal by the complainant are:- The complainant filed a complaint under Section 200 Cr.P.C. against the accused for the offence under Section 138 of the N.I. Act alleging inter alia that the accused obtained hand loan of Rs.40,000/- from him assuring to repay the same within a short period. The accused issued Ex.P1 cheque bearing No.8876209, dated 19.01.2000, for Rs.40,000/- to discharge the said hand loan. The complainant presented Ex.P1 cheque in Dena Bank, Tandur, for encashment. On 21.01.2000 the said cheque came to be dishonoured for want of sufficient funds in the account of the accused. Thereupon, the complainant issued the statutory notice calling upon the accused to make good the amount covered under the cheque in question. The accused received the notice on 24.01.2000, but he neither paid the amount nor sent any reply to the legal notice. Hence, the accused rendered himself liable for the offence under Section 138 of the N.I. Act.