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1999 Supreme(AP) 231

K.B.SIDDAPPA
Andhra Engineering Corporation, Secunderabad – Appellant
Versus
TCI Finance Ltd. , Secunderabad – Respondent


K. B. SIDDAPPA, J.

( 1 ) THIS Revision is filed against the judgment and sentence passed in Crl. A No. 91/98 on the file of VI Additional Metropolitan Sessions Judge, Hyderabad.

( 2 ) THE case arises under Section 138 of Negotiable Instruments Act. Admittedly the petitioner/accused approached the complainant/lst respondent for Bill Discounting facility by entering into agreement in the month of July 1995. The petitioner availed the Bill Discounting facility amounting to Rs. 10,76,426. 25 ps. The petitioner signed the Hundi and submitted invoices along with his covering letter. The petitioner had to repay the Bill Discounting amount within 90 days from the period of borrowal. The due date was 28-10-1995. However, he did not repay the amount. The petitioner issued Ex. PS, which is the cheque in his case, dated 28-10-1995 for an amount of Rs. 10,76,000/ -. Subsequent to the issuance of the cheque, -an amount of Rs. 2,00,000. 00 was paid in the month of November 1995. Again in the month of February 1996 the petitioner paid Rs. 50,000. 00. On 23-2-1996, a further amount of Rs. 1821. 00 was paid. In all, the petitioner paid Rs. 3,01,821. 00. PWl who is authorised to file the complaint sta













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