THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No.636 of 2014

JUDGMENT:

The present Criminal Appeal is filed by the appellant assailing the judgement dated 27.03.2014 in Crl.A No.585 of 2013, passed by the I Additional Metropolitan Sessions Judge, City Criminal Court, Nampally, Red hills, Hyderabad (for short ‘the Appellate Court’), wherein and whereby the accused was found guilty for the offence under Section 138 of Negotiable Instruments Act, 1881 (for short “the NI Act”) by setting aside the finding of conviction of accused imposed as per judgment dated 15.05.2013 in CC No.131 of 2012 passed by the IX Special Magistrate Court, Hyderabad.

2. The brief facts of the case are that the due to personal acquaintance of the complainant, accused approached her and took hand loan of Rs.75,000/- on 04.12.2009 and Rs.1,00,000/- on 28.12.2009. The total amount borrowed from the complainant is Rs.1,75,000/- and agreed to repay the same within three months with interest. But the accused did not repay the same. On repeated demands made by the complainant, the accused issued cheque bearing Nos.93135, dated 15.10.2011 for an amount of Rs.30,000/-, Cheque No.931355, dated 21.10.2011 for a