RUDRA PRASAD Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Revision Case is preferred by the revision petitioner-accused aggrieved by the judgment of the learned IV-Additional Sessions Judge (FTC-III), Khammam, passed in Crl.A.No.87 of 2006, dtd. 31/1/2008, to the extent of remanding the case to the learned trial Court for retrial after framing separate charges etc.,

(2.) It is the case of the prosecution that the revision petitioner/accused borrowed an amount of Rs.1,50,000.00 from the complainant on 30/7/1999 and executed a demand promissory note (Ex.P2) in favour of the complainant on the same day and thereafter he issued a cheque bearing No.480196 dtd. 30/7/2001 for an amount of Rs.2,22,000.00 drawn on State Bank of Hyderabad, Manugur branch, Hyderabad, towards payment of the amount due to the complainant and when the said cheque was presented for realization, the same was returned with an endorsement 'insufficient funds" in the account of the drawer (accused). Thereafter, after following the procedure provided for under Ss. 138 and 142 of the Negotiable Instruments Act, the complainant filed a private complaint and the same was taken on file by the trial Court.

(3.) During the course of trial, on behalf of the prosecution, P.Ws.l to 4 were examined and got marked Exs.Pl to P11. No witness was examined and no document was marked on behalf of the accused. On a perusal of the entire evidence, both oral and documentary, the trial Court found the revision petitioner-accused guilty of the offence punishable under Sec. 420 of I.P.C. and accordingly convicted and sentenced him to undergo simple imprisonment for a period of three years and also to pay an amount of Rs.3,00,000.00 to the complainant (P.W.I) towards compensation as provided under Sec. 357 (3) Cr.P.C, in default, to suffer simple imprisonment for three months.