N. NAVEEN Vs. P.P. HYD

JUDGEMENT

(1.) This Criminal Revision Case, under Ss. 397 and 401 of Cr.P.C., is filed by the petitioner/complainant, challenging the judgment, dtd. 16/12/2015, passed in Criminal Appeal No.186 of 2015, by the Special Judge for Economic Offences- cum-VIII Additional Metropolitan Sessions Judge, Hyderabad, whereby, the order, dtd. 29/1/2015, passed in C.C.No.28 of 2014 by the III Special Magistrate, Hyderabad, acquitting the respondent No.2 herein/accused of the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (for short, 'N.I.Act'), was confirmed.

(2.) Heard the learned counsel for the petitioner/ complainant, the learned Assistant Public Prosecutor appearing for respondent No.1-State and perused the record. There is no representation for the unofficial respondent No.2/accused.

(3.) The learned counsel for the petitioner/complainant would submit that the statutory legal notice issued to the respondent No.2/accused is valid and is in consonance with the provisions of N.I.Act. Further, non-filing of income tax returns of petitioner/complainant would not defeat his case. Respondent No.2/accused had not disputed the signature on the subject cheque. There is ample record to establish payment of Rs.3,40,028.00 by way of subject cheque, dtd. 10/10/2013, to the respondent No.2/accused for his business needs. In spite of the same, the trial Court erroneously acquitted the respondent No.2/accused, which was also confirmed by the lower appellate Court and ultimately prayed to set aside the impugned judgment and remit back the matter the lower appellate Court for de novo consideration, after affording opportunity to the petitioner/complainant.