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A. V. RAVINDRA BABU
Simhadri Srinivasa Rao – Appellant
Versus
Kondaveeti Krishna Murthy – Respondent
ORDER :
This Criminal Revision Case is filed by the petitioner, who was the appellant in Criminal Appeal No.66 of 2006, on the file of X Additional District & Sessions Judge, Krishna at Machilipatnam (“Additional Sessions Judge” for short) and who was the accused in C.C.No.543 of 2004 on the file of Additional Judicial Magistrate of First Class, Avanigadda, challenging the judgment, dated 20.08.2007, in the above appeal where under the learned Additional Sessions Judge, dismissed the Criminal Appeal filed by the appellant, as such, confirmed the judgment, dated 17.05.2006 in C.C.No.543 of 2004. The revision petitioner faced trial before the Court below for the offence under Section 138 of Negotiable Instruments Act (“N.I. Act” for short) and he was convicted under Section 255 (2) of the Code of Criminal Procedure (“Cr.P.C.” for short) and sentenced to suffer rigorous imprisonment for two years and to pay an amount of Rs.1,50,000/- towards compensation.
2. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of the convenience.
3. The case of the complainant before the Court below, according to the averments in the
The main legal point established is the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act and the sufficiency of notice served to the accused.
The judgment emphasizes the importance of proving the loan transaction, the service of legal notice, and the failure to establish valid defenses in cases of cheque bounce under Section 138 of the N.I....
[The judgment establishes that cheques issued in discharge of a liability are enforceable under Section 138 of the Negotiable Instruments Act, and the proper service of statutory notice is crucial fo....
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