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2009 Supreme(AP) 760

B.SESHASAYANA REDDY
D. Atchyutha Reddy – Appellant
Versus
State of A. P. – Respondent


Advocates appeared:
Mr. C. Padmanabha Reddy, Senior Counsel for M. Venkatram Reddy, Counsel for the Petitioner in both.
Additional Public Prosecutor, Counsel for the Respondent No.1 in both.
Mr. N. Ratan Babu, Party-in-Person Counsel for the Respondent No.2 in both.

JUDGMENT

In both these revisions, the complainant and the accused are same. Both these Criminal Revision Cases relate to a cheque bearing No. 412223, dated 5-9-2004 issued by the accused. Therefore, they were heard together and are being disposed of this Common Judgment.

2. Background facts in a nutshell leading to filing of both these Criminal Revision Cases by the accused in C.C.Nos. 711 of 2006 and 35 of 2007 on the file of VII Additional Chief Metropolitan Magistrate, at Hyderabad, are:

(a) Accused D. Atchyutha Reddy is a film producer and director. According to the complainant N. Ratan Babu, he and accused got acquaintance with each other for the past several years and they were family friends. The complainant contends that the accused borrowed Rs. 2.50 lakhs on 5-4-2003 in the presence of one M. Dayakar, who is known to both of them. The accused after receiving the amount issued a postdated cheque for Rs. 2.50 lakhs. The cheque is dated 5-9-2004. He presented the cheque in Andhra Bank, Saifabad Branch, for collection and the same came to be returned with an endorsement 'accused closed'. The complainant issued a notice under Section 138(b) of the Negotiable Instruments Act, 1881,
































































































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