Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Kumbham Srinivas Reddy – Appellant
Versus
P.V.B. Sai – Respondent
JUDGMENT :
E.V.VENUGOPAL, J.
CRIMINAL APPEAL Nos.902 of 2014, 904 of 2014 and 905 of 2014
These Criminal Appeals are filed under Section 378(4) of Cr.P.C., by the appellant/complainant aggrieved by the judgments dated 10.07.2014 passed in Criminal Appeal Nos.251 of 2010, 250 of 2010 and 252 of 2010, all on the file of the learned III Additional Metropolitan Sessions Judge, Hyderabad wherein and where under the findings of conviction and sentence imposed against the 1st respondent/accused No.3 vide judgments dated 06.07.2010 passed in CC Nos.587 of 2009, 583 of 2009 and 585 of 2009 by the learned XIV Additional Judge-cum-XVIII Additional Chief Metropolitan Magistrate, Hyderabad were set aside founding the 1st respondent/accused No.3 not guilty for the offence punishable under Section 138 of Negotiable Instruments Act.
2. In all three appeals, this Court heard Sri Nageshwar Rao Pappu, learned senior counsel for the appellant, Sri YV Ravi Prasad, learned senior counsel representing Sri YV Anil Kumar, learned counsel for the 1st respondent and Mrs.S.Madhavi, learned Assistant Public Prosecutor, representing the 2nd respondent/State.
3. Since the parties to all these criminal appeals are one
The liability of the company and its officers under Section 141 of the Negotiable Instruments Act was established based on the specific averments in the complaint and the company's reply, and the cou....
The main legal point established in the judgment is the proper service of demand notice under Section 138 of the Negotiable Instrument Act, and the consequences of such service on the acquittal of th....
The dishonor of a cheque issued as security does not negate liability under Section 138 if the conditions of notice service and the enforceable debt are established.
(1) Dishonour of cheque – Offence by company – For fastening criminal liability, there is no legal requirement for complainant to show that accused partner of firm was aware about each and every tran....
The presumption of proper service of statutory notice under the Negotiable Instruments Act is upheld unless the accused proves evasion, affirming the existence of a legally enforceable debt.
For a conviction under Section 138, the complainant must prove both enforceable debt and properly served demand notice; failure to do so leads to acquittal.
Dishonour of cheque – Offence by company – There is non-compliance on part of second respondent with requirements of sub-section (1) of Section 141 of NI Act – Cheques have been signed by Managing Di....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
