K.UPENDER RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Revision Case is filed under Sections 397 read with 401 Cr.P.C. aggrieved by the order, dated 15.04.2019 passed in Crl.M.P.No.1572 of 2018 in SR No.2468 of 2018 on the file of the I Additional Chief Metropolitan Magistrate, Hyderabad, wherein and whereunder an application filed under Section 142 (b) of the Negotiable Instruments Act, 1881, to condone the delay of (431) days in filing the complaint, was allowed.

(2.) The facts in issue are that the 2nd respondent-complainant filed a complaint against the revision petitioner/accused for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, in respect of the dishonoured cheques bearing No.62975 dated 09.03.2017 for Rs.2,00,000/- and cheque No.62976, dated 24.03.2017 for Rs.3,39,000/-, issued by the revision petitioner/accused in his favour towards part and partial payment of hand loan of Rs.7,39,000/- along with interest at 24% per annum. As there was a delay in filing the complaint, the 2nd respondent-complainant filed Crl.M.P.No.1572 of 2018, seeking condonation of delay of 431 days in filing the complaint. It is stated in the petition that the 2nd respondent-complainant informed to the revision petitioner/accused with regard to the dishonour of cheques on telephone and also issued a legal notice through his Counsel on 10.04.2017. After receiving the said notice, the revision petitioner/accused got issued reply on 19.04.2017. It is also stated that in the month of May, 2017, the revision petitioner/accused requested time for repayment of the said amount along with interest and a panchayat was held at Village Grampanchayat Office. In the said panchayat, in the presence of Krishna Reddy, Sarpanch, Hydershakote, the revision petitioner/accused has agreed to pay the said loan amount of Rs.7,39,000/- on or before 30.12.2017. When the 2nd respondent-complainant demanded for the said amount, during the month of December, 2018, the revision petitioner/accused refused to pay and also threatened him. Hence, the delay of 431 days was occurred.

(3.) Notice sent to the revision petitioner/accused was returned unclaimed. After hearing the Counsel for the 2nd respondentcomplainant, the trial Court condoned the delay of 431 days in filing the complaint on payment of costs of Rs.10,000/- to Legal Services Authority. Challenging the same, the revision petitioner/accused filed the present Criminal Revision Case.