CRLA/934/2008 of KARRI SRIDHAR REDDY Vs KOLLI ANTARVEDHI & THE STATE OF A.P.

THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL APPEAL No.934 of 2008 JUDGMENT: This Criminal Appeal is preferred by the complainant against the Judgment dated 30.04.2008 passed in CC No.7 of 2007 (old CC No.612 of 2006) by the learned Judicial Magistrate of First Class, Special Mobile Court, Eluru, whereby and whereunder respondent No.1 herein /Accused was found not guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short „the NI Act‟), accordingly, he was acquitted of the said offence. 2. Case of the complainant, briefly, is as follows. i) The accused borrowed a sum of Rs.1,25,000/- on 12.12.2004 from the complainant to meet his family expenses, for lorry business and for running mess, agreeing to repay the same with interest @ 24% p.a. by executing a promissory note. Thereafter, he failed to repay the same as promised. On repeated demands by the complainant, the accused gave cheque bearing No.609811, dated 27.10.2005, drawn on Lakshmi Vilas Bank, Eluru, for an amount of Rs.1,17,000/- towards part 2 SRK, J Crl.A.No.934 of 2008 satisfaction of the debt. When the complainant presented the said cheque in his bank account in Andhra Ba