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2023 Supreme(AP) 1379

T. MALLIKARJUNA RAO
Varre Veera Raghavamma – Appellant
Versus
Devara Suya Satya Ananda Rao – Respondent


Advocates appeared:
A.K.Suresh Reddy, Advocate, M.V.Suresh, Advocate

JUDGMENT

1. This Criminal Appeal is filed by the appellant, who was the respondent/complainant in Criminal Appeal No.310 of 2015, on the file of IV Additional Sessions Judge, East Godavari District, Kakinada (for short, "Additional Sessions Judge"), challenging the Judgment, dtd. 17/7/2017, whereunder the learned Additional Sessions Judge allowed the Criminal Appeal filed by the respondents/accused, setting aside the conviction judgment dtd. 5/6/2015 in C.C.No.262 of 2014, on the file of V Additional Judicial First Class Magistrate (for short, "the trial Court"), Kakinada, under Sec. 138 of Negotiable Instruments Act, 1881 (for short, "N.I. Act").

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court for the sake of convenience.

3. The appellant herein, in the capacity of the complainant before the trial Court filed a complaint under Sec. 138 of N.I. Act.

4. The case of the complainant is that A.1 and A.2 borrowed Rs.3,00,000.00 each from the complainant on 27/3/2011, agreeing to repay the same with interest at 18% per annum, and they executed Ex.P1 and Ex.P2 Promissory notes respectively. On 3/2/2013, A.1 and A.2 issued Ex.P3-Che

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