R.VENKATAMMA Vs. STATE OF A.P.

JUDGEMENT

(1.) The revision petitioner was convicted for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'N.I. Act') by the trial Court and confirmed in the appeal by the Sessions Court.

(2.) Heard the learned counsel for the revision petitioner and the learned Assistant Public Prosecutor appearing for respondent-State.

(3.) The case of the complainant is that petitioner herein/accused borrowed an amount of Rs.2,70,000.00 from the complainant on 15/6/2009. Thereafter, he issued three cheques which were post dated. The said cheques are Exs.P.1 to P.3 for Rs.1,20,000.00, Rs.70,000.00 and Rs.80,000.00 respectively bearing different dates. However, all the three cheques when presented for clearance on 1/12/2009 with the complainant's banker, a common memo Ex.P.4 was issued on 9/12/2009 stating the cheques returned for 'insufficient funds'. Legal notice was issued on 22/12/2009 to the accused of which Ex.P.5 is the office copy of legal notice. Ex.P.8, reply notice was sent by the accused. Since the amount covered by the cheques was not paid even after receiving the notice, the complaint was filed.