CITIWIDE FINANCIAL SERVICES Vs. MRK. K. ELIJA DEVI

JUDGEMENT

(1.) The present Criminal Revision Case is filed under Ss. 397 and 401 Cr.P.C., assailing the judgment dtd. 11/3/2008 passed in C.C. No. 1075 of 2005. By the said judgment, the learned XI Additional Chief Metropolitan Magistrate at Secunderabad found the accused not guilty of the offence under Sec. 38 of Negotiable Instruments Act, 1881 (for short, the Act) and accordingly acquitted her of the said charge.

(2.) The petitioner, M/s. Citywide Financial Services Limited, filed the complaint under Sec. 200 Cr.P.C. alleging that the accused, respondent No. 1 herein, availed personal loan of Rs.6,000.00 on 12/8/2002 repayable in five monthly installments @ Rs.1,200.00 per month and issued cheques. The accused was irregular in paying the installments and as on 1/7/2004, the outstanding loan amount payable by the accused was Rs.5,100.00. On 9/7/2004, the accused issued Ex.P 16 cheque bearing No. 811555 for the said amount drawn on UTI Bank Limited, Begumpet branch. When the said cheque was presented for realization, it was returned unpaid for want of funds. Therefore, the complainant had issued a legal notice to the accused on 21/8/2004, which was returned on 6/9/2004 as the same was intentionally unclaimed by the accused. Hence, the present complaint against the accused for the offence under Sec. 138 of the Act.

(3.) The learned Trial Court, after appreciating the evidence brought on record i.e., PW. 1 and Exs.P.1 to P.25, found the accused not guilty of the offence and accordingly acquitted her of the said charge.