SHAIL DADA KALANDAR VALI Vs. KONDUR ALIVELAMMA

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner aggrieved by the judgment dtd. 15/10/2018 passed in Crl.A. No.77 of 2018 by the IV Additional District & Sessions Judge at Nagar Kurnool, whereby the appeal is dismissed.

(2.) Heard Sri S.M. Rafee, learned counsel for the petitioner, Sri Venkataiah Ediga, learned counsel for the respondent No.1 and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.2-State.

(3.) The case of the complainant before the trial court is that the complainant and the petitioner-accused are acquainted with each other and that the accused has approached the complainant and borrowed an amount of Rs.17.00 lakhs for his business purpose by mortgaging his immovable property and that, to avoid the stamp duty on the mortgage deed, it was registered for Rs.4,76,000.00 and for the remaining amount of Rs.12,24,000.00 , the accused has issued four cheques bearing Nos.650414, dtd. 18/9/2009, 650415, dtd. 31/5/2010, 650416, dtd. 18/6/2010 for Rs.3.00 lakhs each and cheque No.650417 dtd. 18/12/2010 for Rs.3,24,000.00. The said details are narrated in an agreement dtd. 17/6/2009 executed by the accused. It is the case of the complainant that the first cheque bearing No.650414 for an amount of Rs.3.00 lakhs and the interest over the total principle amount up to August, 2009 was realized and thereafter the accused did not pay the amount. The cheque bearing No.650416, dtd. 18/6/2010 was deposited by the complainant and the same was returned by the bank for the reason 'funds insufficient'. The cheque return memo was issued on 20/7/2010. Thus, the complainant has issued legal notice dtd. 17/8/2010, which was received by the accused and the accused has issued a reply notice and denied the transaction with dishonest intention. Therefore, the complaint under Sec. 138 of NI Act has been filed by the complainant. The trial court, after a full-fledged trial, has convicted the accused sentencing him to undergo simple imprisonment for six months and to pay Rs.3.00 lakhs i.e. the cheque amount as compensation and on payment of Rs.3.00 lakhs by the accused, the same shall be paid to the complainant under Sec. 357 Cr.P.C. Aggrieved by the said judgment of conviction, the accused has preferred an appeal vide Crl.A. No.77 of 2018 and the appellate court dismissed the appeal, confirming the judgment of conviction delivered by the trial court. Aggrieved by the said judgment of the appellate court, the present revision case is filed.