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2025 Supreme(Online)(Tel) 15184

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
E. V. VENUGOPAL, J
Defacto Complainant – Appellant
Versus
Accused – Respondent


Advocates:
For the Appellants/Petitioners: Not mentioned
For the Respondents: Not mentioned

JUDGMENT:

This Criminal Appeal is filed by the defacto complainant assailing the judgment in C.C.No.91 of 2015 dated 15.06.2015 passed by the Special Magistrate, Cyberabad at Kukatpally acquitting the respondent/accused for the offence under Section 138 of the Negotiable Instruments Act (for brevity ‘the Act’).

2. For the sake of convenience, the parties hereinafter will be referred to as arrayed in the trial Court.

3. Briefly, the case of the defacto complainant is that he has filed complaint under Section 138 of the Act against the accused alleging that he got acquaintance with the accused. Out of such acquaintance, the accused requested to advance hand loan of Rs.5.00 lakhs to meet his domestic needs. The defacto complainant paid the said amount in cash and the accused executed promissory note dated 11.12.2013 for Rs.5,00,000/- and assured to repay the same with interest at 2% per month. The accused also acknowledged the receipt of the amount on the said date. When the defacto complainant demanded to repay the said amount, the accused issued cheque bearing No.614548 dated 04.11.2014 for Rs.5.00 lakhs drawn on SBI, Balanagar Branch, Hyderabad, in favour of the defacto complainan

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