MRS. C. ANURADHA Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellant-complainant seeks to assail the judgment of acquittal dtd. 16/3/2009 passed by the learned Principal Junior Civil Judge, Markapur, in private complaint case C.C.No.160 of 2007 filed by said complainant against the accused Dodda Surya Narayana(2nd respondent herein), for an offence under Sec. 138 of the Negotiable Instruments Act (for brevity 'the Act').

(2.) The facts before the trial Court are that the accused borrowed Rs.1,49,623.00 from the complainant but failed to repay despite demands, ultimately the accused issued Ex.P.1 cheque from his account in favour of the complainant for said amount, dtd. 4/10/2006 drawn in State Bank of India, Markapur, presented for collection in Syndicate Bank, Markapur, on 1/3/2007, returned dishonoured on the reason of 'insufficiency of the funds' covered by Ex.P.2 cheque return memo, and Ex.P.3 is returned cheque and the same is intimated to the accused through legal notice, dtd. 5/3/2007 covered by Ex.P.4, issued by the complainant to the accused, and though the accused received notice not paid the amount, hence the complainant is constrained to file the private complaint case.

(3.) The accused appeared before the Court pursuant to the summons and after supply of case copies under Sec. 207 of the Code of Criminal Procedure, when questioned on substance of accusation under Sec. 251 of the Code of Criminal Procedure (for brevity, "The Cr.P.C.") he pleaded not guilty.