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2015 Supreme(AP) 7

U.DURGA PRASAD RAO
Omprakash – Appellant
Versus
L. Sunitha – Respondent


Advocates Appeared:
Counsel for Appellant : Sri A. Hari Prasad Reddy
Counsel for Respondent No.1: Sri Vinod Kumar Despande
Counsel for Respondent No.2: Public Prosecutor for State

JUDGMENT :

Aggrieved by the judgment dated 09.04.2007 in C.C.No.231 of 2006 passed by the learned Special Judicial Magistrate of First Class, Mobile (PCR), Adilabad acquitting the accused for the offence under Section 138 of Negotiable Instruments Act, 1881 (for short N.I Act), the complainant preferred the instant Criminal Appeal.

2. On factual side, the case of complainant is that he was doing cement business under the name and style Meghraj Omprakash Cement Dealer, Adilabad and one Damodar who is none other than his nephew, is his authorised GPA holder. The accusedL.Sunitha used to purchase cement on credit from the said Damodar as proprietor of Uma Maheshwari Trading Company. She purchased cement worth Rs.1,26,070/- from the complainant on credit from 02.02.2002 to 05.04.2002, but failed to pay the amount and hence on demand issued 9 cheques for Rs.99,420/-. The further case of complainant is that when the cheques were presented in Andhra Bank, Adilabad for encashment, they were returned bounced for insufficient funds in the account of accused in Union Bank of India, Adilabad. The same was intimated to the accused through legal notice on 11.12.2004 and demanded her to pay the am



























































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