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2017 Supreme(AP) 536

M.SATYANARAYANA MURTHY
R. Chennakesava Rao – Appellant
Versus
P. Laxmi Narasaiah – Respondent


Advocates Appeared:
For the Appellant :Mr. Ramana Murthy, Advocate
For the Respondent: Public Prosecutor (TG)

ORDER :

M. Satyanarayana Murthy, J.

1. The complainant in C.C. No. 71 of 2014 on the file of the II Special Magistrate at Hastinapuram, R.R. District, being aggrieved by calendar and judgment dated 31.01.2015 preferred this appeal challenging the acquittal of the respondent/accused, finding him not guilty for the offence punishable under Section 138 of Negotiable Instruments Act (for short "the N.I. Act").

2. The appellant herein is the complainant and the respondent herein is the accused in C.C. No. 71 of 2014 respectively and they will hereinafter be referred as 'complainant' and 'accused' for the sake of convenience.

3. The complainant R. Chennakesava Rao allegedly lent an amount of Rs. 1,00,000/- on 02.05.2011 for the personal necessities and the respondent/accused promised to repay the same with interest at 24 % p.a. Again the accused approached the complainant on 07.09.2011 and requested for advance of 11,00,000/-. Accordingly, the complainant paid an amount of Rs. 1.00,000/- on 07.09.2011. Thus, the complaint lent an amount of Rs. 2,00,000/- on the promise made by the accused to repay the same at the earliest with interest thereon. Despite several reminders, the accused did not
































































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