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B.S.RAIKOTE
A. Sudershan – Appellant
Versus
Mannen (Shabir) and another – Respondent


Advocates:
Counsel for the parties:
For the Appellant:Sri Vinod Kumar Deshpand, Advocate.
For the Respondent No.1:Mr. S. Pandu, Syed Moosa Khajeem. Advocate.
For the Respondent No.2: P.P.

JUDGMENT

B.S. Raikote, J. - This appeal is preferred against the Judgment and order of acquittal recorded by the I Addl. Metropolitan Sessions Judge. Hyderabad dated 30-11- 1994 in Crl. Appeal No. 52/94. By this order the learned Sessions Judge reversed the Judgment and order of conviction recorded by the XVII Metropolitan Magistrate. Hyderabad by his judgment and order dated 21-1-1994 in C.C. No. 24/1991. The learned Counsel for the appellant/complainant contended that the impugned Judgment and order of the appellate Court is illegal and without jurisdiction and it is contrary to law and the facts of the case. On the other hand learned Counsel for the respondent supported the impugned Judgment and order.

2. In order to appreciate the rival contentions it is necessary to note a few facts of the case. The sole respondent accused issued a cheque dated 8-91990 for an amount of Rs. 50.000/- in favour of the complainant towards the purchase of the iron scrap from the complainant. The said cheque was presented on 10-9-1990 but it was returned with endorsement of the bank on the same date as "note arranged for" which is marked as Ex. P. 2. The said cheque was again represented on 8-10-1990
































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