MUTYLA VEERRAJU Vs. C N REDDI

JUDGEMENT

(1.) The complianant in C.C. 199/93 on the file of the III Addl. Judicial First Class Magistrate, Kakinada is the appellan therein. This is an appeal against the order of acquittal passed by the Magistrate in the above C.C. by which the accused was acquitted of the charge u/s. 255 (1) Cr.P.C. for an offence punishable u/s. 138 of the Negotiable Instruments Act.

(2.) Counsel appearing for the appellant contended that as the accused himself categorically admitted in his letter dated 13-06-92 addressed to the appellant about the issuance of the post dated cheques, the burden on the appellant is discharged and a presumption has to be drawn that these cheques were issued by the accused in discharge of a legally enforciable liability.

(3.) The case of the appellant herein is that the accused has become indebted to the complainant an amount of Rs. 3,77,425-50 Ps. and he has issued as many as seven post dated cheques in discharge of the liability. Out of the seven post dated cheques when two of the cheques dated 15-01-93 and 14-02-93 marked under Ex.P-2 and P-3 were presented the bankers of the accused returned the cheques saying that they were instructed by the accused not to pay amounts. Thereafter the appellant got legal notice Ex.P-6 issued on 22-04-93 for which the accused sent his reply Ex.P-7 dated 28-04-93 stating that the appellant was a stranger to him and he never owes any amount to him and the cheques that were presented by the appellant were given in favour of the M/s. Srinath Imports & Exports, Hyderabad, whose Chairman is one Sriharirao and as the accounts were not settled between the two firms he has addressed the letter dated 27-01-93 Ex.D-1 to his bankers not to honour the cheques. Thereafter the present compliant was filed.