(1.) The present Criminal Revision Case is filed under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 against the judgment, dtd. 13/9/2007, passed in Crl.A.No.25 of 2006, wherein the learned Additional Metropolitan Sessions Judge, Cyberabad, N.T.R. Nagar, Hyderabad, confirmed the judgment, dtd. 27/2/2006, passed in C.C.No.1886 of 2005 on the file of the IX Metropolitan Magistrate, Cyberabad, Kukatpally at Miyapur.
(2.) The facts of the case are as under:
(3.) The 2nd respondent/complainant filed a private complaint under Sec. 200 Cr.P.C. against the revision petitioner/accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, stating that the revision petitioner/accused borrowed an amount of Rs.1,10,000.00 from him on 26/8/1999 and executed a promissory note agreeing to repay the same within one week from the date of demand made by the 2nd respondent/complainant. On repeated demands made by the 2nd respondent/complainant, the revision petitioner/accused issued a cheque bearing No.164596, dtd. 5/7/2002 for Rs.1,81,400.00.- drawn on State Bank of Hyderabad, Ramachandrapuram towards repayment of the said debt and when the same was presented by the 2nd respondent/complainant in his bank i.e. Global Trust Bank, Chandanagar Branch, for realization, the same was returned with an endorsement 'Account Closed '. Therefore, the 2nd respondent/complainant got issued a notice, which was not honoured by the revision petitioner/accused. As such, the 2nd respondent/complainant filed a complaint against the revision petitioner/accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881.