K. SURI BABU Vs. U. RAMESH

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner-accused aggrieved by the judgment dtd. 31/7/2019 passed in Criminal Appeal No.794 of 2017 by the Additional Metropolitan Sessions Judge for trial of Jubilee Hills Car Bomb Blast Case cum Additional Family Court cum XXIII Additional Chief Judge cum IX Additional Metropolitan Sessions Judge, Hyderabad in dismissing the appeal by modifying the sentence of simple imprisonment from six months to three months while maintaining payment of compensation of Rs.2,50,000.00 (cheque amount) in default, to undergo simple imprisonment for three months as imposed by the XII Special Magistrate, Hyderabad at Erramanzil vide judgment dtd. 11/7/2017 in CC.No.134 of 2016.

(2.) The parties are hereinafter referred as arrayed before the trial court.

(3.) The case of the complainant was that the accused had borrowed a sum of Rs.2,50,000.00 from the complainant as hand-loan on 8/2/2012 and promised to repay the loan amount within six months but failed to repay the same within the stipulated time. On demand by the complainant, the accused issued a cheque bearing No.597213 dtd. 28/1/2013 for Rs.2,50.000 drawn on State Bank of India, Vanasthalipuram Branch, Hyderabad, but the said cheque was dishonoured on presentation vide cheque return memo dtd. 29/1/2013. The complainant informed to the accused about the dishonor of the subject cheque, but the accused requested the complainant to present the said cheque after one week and that he would arrange sufficient funds in his account. Thereafter, once again, the complainant presented the subject cheque but again the cheque was returned with the endorsement that account was inoperative/dormant-refer to drawer vide cheque return memo dtd. 6/2/2013. Thereafter, the complainant issued statutory legal notice on 19/2/2013. But, however, the said notice was returned with postal endorsement that party refused on 25/2/2013. As such, the complainant preferred the complainant.