V SATYANARYANA RAJU Vs. G B GAGADHARA REDDY

JUDGEMENT

(1.) THIS appeal is directed against the order in C. C. No. 140 of 1998 dated 31. 12. 1998 on the file of XXIII metropolitan Magistrate, Hyderabad, acquitting the respondent/ accused of the offence under Section 138 of Negotiable instruments Act, 1881 (for short 'the Act' ).

(2.) THE appellant herein is the complainant while the first respondent is the accused. The appellant lodged a complaint alleging that the first respondent had approached him to join as member of Godavari Co-operative Housing Society, Banjara Hills, hyderabad, for purchase of house plot. Therefore, the complainant had given a sum of Rs. 3,50,000/- to the first respondent on 10. 1. 1992 towards the cost of two plots to be purchased in the names of his wife and brother. The respondent had acknowledged the amount by way of signing the two receipts for Rs. 1,75,000/- each.

(3.) WHILE so, the first respondent allegedly had not deposited the said amount with the society and when the complainant demanded, the first respondent issued a cheque bearing No. 008899 dated 10. 4. 1996 for Rs. 3,50,000/- drawn on Bank of Baroda, masab Tank Branch, Hyderabad, which was dishonoured and returned for want of sufficient funds in the account. The complainant issued legal notice dated 3. 9. 1996 to the first respondent to pay the said amount, but in vain. Thus, the appellant lodged the complaint under Section 200 cr. P. C. in the Court of XXIII Metropolitan magistrate, Hyderabad.