HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.1020 OF 2009
JUDGMENT:
1. The present appeal is filed questioning the correctness of the Judgment of the X Metropolitan Magistrate, Cyberabad at Malkajgiri, in C.C.No.926 of 2005, dt.05.03.2009, wherein and whereby the learned Magistrate dismissed the complaint filed by the appellant and found the accused not guilty for the offence under Section 138 of the Negotiable Instruments Act.
2. The case of the appellant/complainant is that during a settlement, cheques were issued to the accused/respondent No.1 and when the said cheques were presented for clearance, they were returned unpaid.
3. Learned Magistrate found that the appellant/complainant failed to prove service of legal notice on the accused marked as Ex.P12, which is mandatory under Section 138-b of the Negotiable Instruments Act. Learned Magistrate further found that there is no number mentioned on Ex.P14-postal acknowledgment, of postal receipt Ex.P13, and that there is no postal stamp on Ex.P14. For the said 2 reasons, learned Magistrate disbelieved Ex.P14- acknowledgment card and found that there was no proper service of legal notice on the accused and accordingly dismissed the complaint.
4. The findings of the learned Magistrate is based on the fact that Ex.P14-acknowledgment card does not bear neither the signature of the respondent/accused nor any stamp of the postal department.
5. In the said circumstances, the findings of the learned Magistrate cannot be found fault with and the appeal lacks bonafides.
6. Accordingly, the Criminal Appeal is dismissed.
As a sequel thereto, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date: 23.09.2022 tk 3 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.1020 OF 2009 Dated: 23.09.2022 tk