G B LINGAM Vs. VITTA MURALIKRISHNA MURTHY

JUDGEMENT

(1.) Aggrieved by the orders of the XI Metropolitan Magistrate, Secunderabad in C.C.No. 155 of 1995 wherein the accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act by holding that the complainant failed to prove that there is any legally enforceable liability on the part of the respondent or he obtained any debt to that extent.

(2.) It is not in dispute that the complainant who was examined as P.W. 1 was working as a foreman in the Chit Fund business run by accused. He says that he is a distant relative of the accused. He filed a complaint under Section 138 of the Negotiable Instruments Act by stating that the cheque dated 17-09-1994 for a sum of Rs. 1,00,000/- issued by the respondent was returned by the bank with an endorsement "refused" on 28-01-1995. Hence, he filed the present complaint to punish the accused as per law.

(3.) In the witness box, he improved his version by stating that the amount was advanced by him for the house construction by the accused. In the cross- examination he-stated that he was working on a monthly salary of Rs. 1,250/- in the respondent Chit Fund company and he failed to prove that he is having any other means to lend such a huge amount Rs. 1,00,000/-. While admitting that he is an income tax assessee he stated that this amount was not shown in the income tax returns. For all these reasons the trial Court disbelieved the evidence of the P.W.1 and held that there is no legally enforceable liability by I the accused to the petitioner herein and accordingly, the complaint was dismissed.