Criminal Appeal No. 380 of 2004 · Andhra Pradesh High Court
Case at a glance
Outcome
Dismissed
Accordingly, the Criminal Appeal is dismissed
Provisions considered
Key paragraphs
- Para 44. POINT: As can be seen from the material evidence on record, there is not of much dispute with regard to issuance of the cheque and its dishonour. The main ground on which the lower Court has acquitted the accused is that as per the…
Judgment
- The appeal is filed against the acquittal of the accused in Calendar Case No.1283 of 1999 on the file of the XXIII Metropolitan Magistrate, Hyderabad for an offence punishable under Section 138 of the Negotiable Instruments Act.
A complaint was filed for the offence punishable under Section 138 of the Negotiable Instruments Act on the ground that the accused borrowed a sum of Rs.25,000/- on 08.08.1996 from the complainant by way of cheque. Subsequently, the accused failed to repay the said amount in spite of repeated demands and finally gave a cheque for Rs.52,000/- on 27.07.1999. When it was presented by complainant, it was dishonoured. A legal notice was got issued by the complainant, but the accused refused to receive the notice. Therefore, a complaint was filed. The accused pleaded not guilty and after considering the evidence on record, the Court below acquitted the
accused. Aggrieved by the same, the present appeal is filed.
The point for consideration is whether the acquittal of the accused recorded by the lower Court is legal and sustainable?
Operative part
POINT: As can be seen from the material evidence on record, there is not of much dispute with regard to issuance of the cheque and its dishonour. The main ground on which the lower Court has acquitted the accused is that as per the evidence of PW.1, he was said to be doing money lending business at Hyderabad having a fixed office and his evidence further discloses that there was no licence under the A.P. (Telangana Area) Money Lenders Act and consequently, the debt is not enforceable being violative of the statute and the accused is liable to be acquitted. Reliance was placed on the decision reported in M/s. Baba Finance Corporation Vs. Mohd. Nayeem and another (1997(1) ALD Crl. 719 (A.P.). Therefore, evidently, it is clear that the transaction is against the statute and is not enforceable. The lower Court has, therefore, rightly dismissed the complaint relying on the settled principle of law and I do not find any reason to interfere with the acquittal. Accordingly, the Criminal Appeal is dismissed. ___________________________ JUSTICE N.R.L. NAGESWARA RAO Date:01-03-2012 INL
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Criminal Appeal is dismissed
Which statutory provisions did this judgment involve?
Negotiable Instruments Act, 1881 — s. 138; A.P. (Telangana Area) Money Lenders Act.
Which court decided this case, and when?
Andhra Pradesh High Court, on 01 Mar 2012. The bench was N R L NAGESWARA RAO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.