A.SURYANARAYANA Vs. U.NARASINGA RAO

JUDGEMENT

(1.) Criminal Appeal Nos.505 and 512 of 2018 are filed by the appellant questioning the judgments dtd. 31/10/2017 passed in C.C.Nos.357 and 358 of 2016 respectively by the learned XXIV Special Magistrate, Hyderabad, wherein the respondent No.1/accused was found not guilty for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the NI Act, 1881').

(2.) Since the issue involved in both the appeals is one and the same, hence, they are being disposed of by way of this common judgment.

(3.) The case of the appellant-complainant is that he got acquainted with the respondent No.1/accused through one G. Ramlal, S/o G. Krishnaji, who is a relative of the appellant. In December 2013, the respondent No.1/accused, along with his two sons namely Mr. Ashish and Sanketh and G. Ramlal, approached the appellant and requested to lend an amount of Rs.6,00,000.00 for the purpose of developing their business. Accordingly, an amount of Rs.6,00,000.00 was advanced to the respondent No.1/accused, who executed a receipt in favor of the complainant. Subsequently, towards repayment of the loan amount, the respondent No.1/accused issued two cheques to the complainant i.e., one for Rs.1,00,000.00, which is the subject matter of C.C.No.357 of 2016 and another cheque for Rs.50,000.00, which is the subject matter of C.C.No.358 of 2016. When both the cheques were presented for collection, they were dishonoured with endorsements "funds insufficient" on 9/9/2015 and 8/7/2015, respectively. Hence, the complaint.