N KRISHNA REDDY Vs. J LOKNARAYANA

JUDGEMENT

(1.) This Criminal Appeal under Section 378(4) of the Criminal Procedure Code, 1973 (for short "Cr.P.C"), is filed by the petitioner against the judgment dated 13-5-2003 in Criminal Appeal No. 126 of 2001 passed by the learned V Additional Sessions Judge, (Fast Track Court), Ranga Reddy District, whereunder and whereby the conviction of respondent No. 1 - accused of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the NI Act') and sentence to undergo rigorous imprisonment for a period of six (6) months and to pay a fine of Rs. 5,000/-, in default to undergo simple imprisonment for a period of six (6) months recorded in the judgment dated 19-9-2001 in C.C.No. 573 of2001 passed by the learned Judicial Magistrate of First Class, Special Mobile Court, Ranga Reddy District, were reversed.

(2.) The brief facts that are necessary for disposal of this appeal may be stated as follows: It is alleged that respondent No. 1 herein - accused borrowed an amount of Rs. 1,00,000/- and Rs. 75,000/- on 2-5-1995 and 17-6-1995 respectively from the complainant, petitioner herein, and executed two promissory notes. To discharge the said debt, the accused issued two cheques for Rs. 1,00,000/- and Rs. 75,000/- on 04-12-1997 drawn on State Bank of India, HAL campus, Hyderabad in favour of the complainant. When the cheques were presented for realization, they were returned for the reason insufficient funds. Then the complainant got issued the statutory legal notice on 8-12-1997, for which the accused gave a reply on 22-12-1997 disowning the liability. Therefore, the complainant filed the present complaint against the accused for the offence punishable under Section 138 of the N.I. Act.

(3.) When the accused was examined under Section 251 Cr.P.C. for the offence punishable under Section 138 of the N.I.Act, he pleaded not guilty and claimed to be tried.