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2025 Supreme(Online)(Tel) 74873

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
dheeravath dharma naik – Appellant
Versus
mohammad khader and another – Respondent


THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No.290 OF 2018

JUDGMENT:

This appeal is preferred assailing the judgment dated

28.10.2016 passed in C.C.No.1096 of 2014 on the file of the learned Special Magistrate, Miryalaguda (for short, “the trial Court”).

2. Heard Mr.P.Prabhakar Reddy, learned counsel for the appellant, Mr. G.Sundaresan, learned Assistant Public Prosecutor appearing for respondent No.2 State.

For the sake of convenience, the parties hereinafter are referred to as arrayed in C.C.

3. The case of the prosecution is that the accused approached the complainant with a request to give hand loan amount of Rs.1,10,000/- to him. On 10.02.2014, the complainant gave the said amount to the accused and executed a promissory note and the accused assured that he would repay the same to the complainant within one month. On repeated requests made by the complainant, on 05.05.2014 the accused issued a cheque. When the complainant presented the said cheque before the bank on 24.07.2014, the same was returned with an endorsement ‘funds insufficient’. On 26.07.2014, the complainant sent a legal notice to the accused demanding to pay the cheque amount and the accused received the

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