AKNURI PADAMAVATHI Vs. VANAMA SHENKAR

JUDGEMENT

(1.) At request of both sides, the main revision itself is taken up for hearing.

(2.) The appellant is A.1 and respondent No.2 is A.2 in C.C.No.80 of 2016 on the file of the learned II Special Magistrate at Rajendranagar, out come of the private complaint of respondent No.1 for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') taken cognizance and from securing his presence and denial of the offence on plea of not guilty, put to trial and after trial A.1 was convicted to undergo rigorous imprisonment for one year and to pay the cheque amount of Rs.5,00,000/- within two months from the date of trial Court's judgment, dated 26.10.2016, with default sentence of six months and impugning the correctness of the same, the revision petitioner/A.1 as sole appellant unsuccessfully maintained Crl.A.No.970 of 2016, that was dismissed by confirmation on 16.05.2018 and impugning the same, present revision is filed. Undisputedly, it is the concurrent findings of the Courts below.

(3.) The contentions in the grounds of revision are that the Courts below failed to see that Ex.P.2 surety bond contain the petitioner undertook as guarantor for the amount borrowed by A.2 of Rs.5,00,000/- from the complainant, that was agreed to pay by 31.01.2015 and subsequently A.2 paid the original cheque amount to the complainant, that was abused and misused by filing the cheque case without return as if the amount due under the cheque even there is no legally enforceable debt or other liability because of the discharge supra, leave apart it was only a blank cheque obtained as guarantee at the initial stage referring to Ex.P.2 and thereby the concurrent findings of the Courts below are perverse and unsustainable and liable to be set aside and A.1 be acquitted by allowing the revision.