SABIKAR RAMCHANDER JI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal appeal The accused is doing business under the is directed against the judgment dated name and style of 'Sri Vigneshwara 27.10.2004 in CC No.56 of 2003 on the file Enterprises' at Warangal and he is the sole of the I Additional Judicial Magistrate of I proprietor thereof. On account of close Class, Warangal, wherein, the 2nd respondent acquaintance with the complainant, accused herein was acquitted of the offence under borrowed a sum of Rs. 1,00,000/- from the Section 138 of the Negotiable Instrument complainant and executed a demand Act 1881 (for short 'the Act'). promissory note on 21.6.2000 as collateral security. The accused failed to repay the

(2.) Heard the learned Counsel for the said amount and on persistent demands, he appellant and the learned Counsel for the issued a cheque dated 19.7.2002 for 2nd respondent. Perused the record. Rs.1,00,000/- drawn on Development Credit Bank Ltd., Warangal for initial discharge of

(3.) The appellant herein filed a the said liability. The complainant presented complaint against the respondent alleging in the said cheque for collection in Syndicate brief as follows: Bank, Warangal on 8.8.2002. The said cheque was returned through a return memo. Thereafter, the complainant got issued a legal notice to the accused on 14.8.2002 informing him that the cheque was returned due to insufficiency of funds and demanding the accused to pay the amount within 15 days. The said notice was returned un- served with endorsement 'door locked'. The accused, knowing the fact of issuance of legal notice, approached the complainant and requested him to wait for few days. Believing his words, the complainant presented the said cheque again on 20.8.2002 and the same was returned on the same ground of insufficient funds. The complainant got issued legal notice on 4.10.2002. The accused received the said notice on 5.10.2002 but failed to pay the amount. Hence, the complaint.