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2022 Supreme(AP) 58

RAVI NATH TILHARI
Chittineni Srinivasa Rao – Appellant
Versus
Badugula Syamala Devi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: B Thimothi

JUDGMENT :

through virtual mode

No representation from the side of the petitioner.

2. Seen the report, dated 25.01.2022 submitted by the III Additional Junior Civil Judge, Guntur, in charge in Special Judicial Magistrate of I class for Prohibition and Excise, Guntur, on the record filed in compliance of order, dated 16.12.2021. The order of this court, dated 16.12.2021 has been complied. The petitioner was arrested and was released on bail by the court below.

3. With the assistance of Sri S.Venkata Sainath, learned Special Assistant Public Prosecutor, the Court proceeds to decide the matter finally.

4. Perused the material on record.

5. The facts of the case are that the respondent No.1 filed complaint against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments (N.I.) Act, on the averments inter alia that the petitioner/accused borrowed Rs.25,000/- from the complainant on 23.06.2003 and executed a promissory note in favour of the complainant. The petitioner issued a cheque bearing No.561000, dated 30.11.2003, for Rs.25,000/- drawn on Chaitanya Grameena Bank, Guntur, in favour of the complainant, towards discharge of the above said debt amount, which,

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