ARIHANT DISTRIBUTORS Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner-accused aggrieved by the judgment dtd. 22/3/2019 passed in Criminal Appeal No.552 of 2017 on the file of the III Additional Metropolitan Sessions Judge, Hyderabad confirming the judgment of conviction and sentence passed by the II Special Magistrate, Hyderabad in C.C.No.56 of 2016 dtd. 5/5/2017 for the offence under Sec. 138 of the Negotiable Instruments Act (for short 'NT' Act).

(2.) The case of the respondent No.2-complainant was that the complainant was a distributor for air coolers manufactured by Usha International Limited for the entire State of Telangana. The revision petitioner-accused placed separate orders for supply of air coolers towards his requirement and was due and payable an amount of Rs.9,95,464.00 to the complainant and towards discharge of the said liability, issued two cheques bearing No.801924, dtd. 6/8/2016 for Rs.4,00,000.00 and cheque bearing No.801925, dtd. 8/8/2016 for Rs.4,61,664.00 drawn on Mahesh Bank, Himayathnagar, Hyderabad. When the said cheques were presented, they were returned dishonoured due to insufficiency of funds vide cheque return memos oi the bank. The complainant got issued legal notice dtd. 22/8/2016, calling upon the accused to pay the amount of the cheques within 15 days from the date of receipt of the legal notice. The accused received the legal notice sent through Registered Post Acknowledgment Due on 27/8/2016. In spite of receipt of the legal notice, the accused failed to pay the amount demanded in the notice nor issued any reply notice, as such the complainant filed the complaint

(3.) The case was tried by the II Special Magistrate, Hyderabad. The complainant examined himself as PW.l and Exs.Pl to P29 were marked on his behalf. The accused failed to adduce any oral or documentary evidence on his behalf.