K.RAMAKRISHNA REDDY Vs. PULLAGURA SUDHAKAR

JUDGEMENT

(1.) This Criminal Appeal is filed by the Appellant/ defacto complainant aggrieved by the Judgment of the Special Judge for trial of offences under SCs and STs (POA) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad in Crl.A.No.229 of 2008, dt.13/2/2009, whereby the Sessions Court set aside the conviction recorded by the trial Court in C.C.No.397 of 2005 dt. 16/7/2008 and acquitted the accused for the offence under Sec. 138 of the Negotiable Instruments Act.

(2.) Briefly, the case of the complainant is that a cheque was issued by the 1st RESPONDENT/accused for Rs.1,60,000.00 as he was due to the Appellant/complainant, on account of the complainant paying Rs.1,60,000.00 as consideration for purchasing a plot in the name of accused. The said amount was given to the vendors of the accused and when the accused issued the cheque towards discharge of his debt, the said cheque was returned unpaid for the reason of insufficient funds. A statutory notice was sent and since the accused failed to pay the amount covered by cheque, the complainant/ Appellant filed a private complaint under Sec. 138 of the Negotiable Instruments Act before the learned Magistrate.

(3.) Learned Magistrate having examined the complainant as PW1 and marking Exs.P1 to P6 and also examining the accused who entered into the box as DW1, concluded that the 1st Respondent/accused is guilty of the offence under Sec. 138 of the Negotiable Instruments Act and sentenced to one year imprisonment and also imposed fine.