REGMA CERAMICS LTD Vs. ANOOB M.P.

JUDGEMENT

(1.) The complaint filed by the Appellant against Respondents 1 and 2/accused for the offence under Sec. 138 of Negotiable Instruments Act was dismissed and the Respondents 1 and 2 were acquitted vide order dtd. 8/2/2010 in CC.No.3 of 2009 passed by the XIV Additional Judge-cum-XVIII Additional Chief Metropolitan Magistrate, Hyderabad. Aggrieved by the same, present appeal is filed.

(2.) The case of the Appellant is that it is a public limited company and during the course of business, the Respondents 1 and 2 purchased marble on a regular basis and there was an outstanding of Rs.21,72,804.0025 ps as per the statement of account. To discharge the said outstanding, the cheque in question for the said amount was given to the complainant company. The said cheque, when presented for clearance was returned unpaid for the reason of 'payment stopped by the drawer'. Aggrieved by the stoppage of payment, legal notice was sent to the Respondents 1 and 2 asking them to make good the amount covered by the cheque. Having received the said notice, the Respondents 1 and 2 gave reply notice and refused to make any payment, for which reason, complaint was filed.

(3.) P.W.1, who was the representative of the Appellant company was examined on its behalf and during the course of examination, Exs.P1 to P8 were marked. The 1st Respondent, who is the proprietor of M/s.Chaitanya Marbles examined himself as D.W.1 and marked Exs.D1 to D6 during the course of trial.