2004 (11) TMI 620

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....c Prosecutor JUDGMENT P.S. Narayana, J. 1. This Criminal Appeal is filed against the order of acquittal recorded in C.C. No. 438 of 1997 on the file of the Court of III Metropolitan Magistrate, Vijayawada. 2. The main contention raised by the learned counsel for the appellant is that the presumption under Section 139 of the Negotiable Instruments Act, 1881(hereinafter in short for "the....

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....ainant got issued a notice to the accused on 31-03-96 through registered post and the same was returned by the accused with an endorsement that the said notice is not necessary. On 21-04-1997, the complainant received reply notice through the counsel of the accused. After receipt of notice, the accused failed to repay the amount covered under the cheque in question. Hence the complaint was filed. ....

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.... stock worth of Rs. 7,863/- on 24-10-96, Rs. 28,858-45 on 10-11-1996, Rs. 91,752/- on 10-12-96 and Rs. 1,07,664/- on 10-12-96 and issued the stock return bills to the accused, which were marked as! 5. Exs.D-4 to D-8 respectively. PW.1 also admitted in cross examination that the amounts mentioned in Exs. D-4 to D-8 were not shown in Account copy-Ex. P-2 filed by PW.1. Hence, the accused is dispu....

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....e, the same was not issued in discharge of the legally enforceable debt. The accused also issued the cheque in question-Ex. P-3 along with six other cheques in the month of September 1996 as advance for prompt payment of credit purchase, if any. 6. On appreciation of evidence of PW.1 and Exs. P-1 to P-8 and also Exs. D-1 to D-8, the learned Magistrate recorded a finding that the ingredients of ....