Jalalpura Balaram vs Sukka Ramulu And 1 Other
2022 Latest Caselaw 4880 Tel

           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

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

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.1020 OF 2009

Dated: 23.09.2022

tk