KANDE SAMMAIAH Vs. MD. ABDUL HUSSAIN

JUDGEMENT

(1.) The present Criminal Revision Case is filed aggrieved by the judgment dtd. 14/12/2015 in Criminal Appeal No.14 of 2014 on the file of the learned V Additional Sessions Judge, at Karimnagar (for short, "the appellate Court") in confirming the judgment dtd. 9/1/2014 in C.C.No.100 of 2012 on the file of the learned Special Magistrate, at Karimnagar (for short, "the trial Court").

(2.) Heard Mr. P. Ravi Kiran, learned counsel for the petitioner and Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing for respondent No.2 State.

(3.) The brief facts of the case are that respondent No.1/complainant and petitioner/accused were known to each other. Out of such acquaintance, accused requested the complainant to lend an amount of Rs.1,20,000.00 to meet his necessities. Upon such request, the complainant lent an amount of Rs.1,20,000.00 to the accused and the accused promised to repay the said amount as and when required by the complainant. The accused issued a post dated cheque bearing No.857940 dtd. 11/10/2010 pertaining to the account maintained in State Bank of Hyderabad, Karimnagar. After some time, the complainant requested the accused to repay the amount due. Then, the accused asked the complainant to present the said cheque with the banker.