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2014 Supreme(AP) 1205

C.PRAVEEN KUMAR
Duncan Industries Limited – Appellant
Versus
T. G. Srinivas – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: N. Vijay
For Respondents/Defendant: Maheswara Rao Kuncheam

JUDGMENT

C. Praveen Kumar, J.

1. The appellant/complainant preferred the present appeal under Section 378(4) Cr.P.C. aggrieved by the judgment dated 19.01.2006 passed in Crl. A. No. 137 of 2004 on the file of the VII Additional District and Sessions Judge (Fast Track Court), Krishna at Vijayawada, wherein the appellate Court reversed the finding of the trial Court and acquitted the accused. For the sake of convenience, the parties will hereinafter be referred to as arrayed in C.C.

2. The facts in issue are as under:

"The appellant/complainant filed a private complaint against the accused for an offence punishable under Section 138 of the Act. The allegations in the complaint would disclose that the accused opened a khata with the complainant through an agreement and was taking stocks from the complainant through various invoices on credit basis. It is stated that the outstanding liability of the accused as on 31.12.2001 was Rs.2,69,111/-. Pursuant to repeated demands made by the complainant, the accused issued a cheque bearing No. 658135 dated 18.06.2002 for Rs.2,69,111/- drawn on Karnataka Bank Limited, Adoni. The said cheque when presented on 20.06.2002 for collection through Vijaya




































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