THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL APPEAL No.409 OF 2018

JUDGMENT:

This Criminal Appeal is filed seeking to set aside the judgment dated 24.01.2017 in C.C.No.142 of 2007 on the file of the learned Judicial First Class Magistrate, at Naryanpet (for short, “the trial Court”) for the offence under Section 138 r/w 142 of Negotiable Instruments Act (for short, “the Act”).

2. Heard Mr.L.Harish, learned counsel for the appellant and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.2-State.

3. The brief facts of the complaint are that appellant/complainant and respondent No.2/accused were residents of Narayanpet Town and well acquainted with each other; that the accused approached the complainant requesting hand loan of Rs.6,11,000/- to meet his financial debts incurred in his business at Mumbai and agreed to repay the same with interest at the rate of 24% per annum by disposing of a commercial shop situated at Goduggeri, Narayanpet town to one Prabhakar on or before 20.05.2006 or on the order of complainant when demanded; that as per his request, complainant advanced the said amount on 20.01.2006 to the accused on execution of pro-note in favour of