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2014 Supreme(AP) 1482

C.PRAVEEN KUMAR
Brilliant Industries Ltd. – Appellant
Versus
Nayagara Industries Ltd. – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: P. Sarada
For Respondents/Defendant: P. Thirumala Rao

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 18.08.2004 passed in C.C. No. 190 of 1999 on the file of the Judicial Magistrate of First Class, Kurnool, wherein the trial Court acquitted the accused Nos. 1 and 2.

2. For the sake of convenience, the parties will hereinafter be referred to as arrayed in C.C.

3. The facts in issue are as under:

Though a private complaint was filed by the appellant/complainant against eight accused, the case was taken on file only against accused Nos. 1 and 2. The allegations in the complaint would show that the complainant company filed a complaint through P. Umarnaheswara Rao, alleging that the first accused availed a bridge loan of Rs. 20.00 lakhs against their public issue for the purpose of implementation of their product vide loan agreement dated 16.05.1996. It is stated that to liquidate their part liability the accused issued a cheque for Rs. 10,00,000/-. The said cheque when presented for collection on 19.02.1999 was returned by Bank of Madhura Limited, K.J. Market, Koti Branch, Hyderabad on 27.02.1999 for the reason "insufficient funds". The said







































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