K. LALITHA Vs. G. CHANDRAIAH

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the appellant/complainant, challenging the judgment, dtd. 28/2/2008, passed in C.C.No.735 of 2006 by the Additional Judicial Magistrate of First Class at Sangareddy, whereby, the Court below acquitted the respondent No.1/accused under Sec. 255(1) of Cr.P.C., for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (for short, 'N.I.Act').

(2.) Heard the learned counsel for the appellant/complainant and perused the record.

(3.) Learned counsel for the appellant/complainant would submit that the respondent No.1/accused has borrowed an amount of Rs.70,000.00 towards hand loan for his personal, family and legal necessities from the complainant on 7/12/2005 and promised to repay the said amount within three months. However, the accused dodged the payment on one ground or the other and finally issued Exs.P.1 and P.2 cheques towards discharge of the hand loan. Both the cheques were dishonoured when presented for payment. There is valid legal notice, dtd. 20/6/2006. In spite of the same, the amount was not paid by the accused, which constituted cause of action against him. Though there is clear and cogent evidence on record, the Court below erroneously acquitted the accused and ultimately prayed to allow the appeal as prayed for.