SREE LAKSHMI SAI SREE FINANCE Vs. STATE OF A.P.
LAWS(APH)-2022-2-25
HIGH COURT OF ANDHRA PRADESH
Decided on February 04,2022

Sree Lakshmi Sai Sree Finance Appellant
VERSUS
STATE OF A.P. Respondents


Referred Judgements :-

MANSARAM VS. S P PATHAK [REFERRED TO]
ASSOCIATED CEMENT COMPANY LIMITED VS. KESHVANAND [REFERRED TO]
MOHAMMAD AZEEM VS. A VENKATESH [REFERRED TO]


JUDGEMENT

- (1.) By means of this petition under Sec. 397 and 401 of the Code of Criminal Procedure (for short "Cr.P.C."), the petitioner/complainant is challenging the order, dtd. 31/12/2007 passed in C.C.No.790 of 2004 on the file of the Court of II Additional Judicial First Class Magistrate, Tanuku by which his complaint was dismissed, under Sec. 204 (4) Cr.P.C, as the complainant was absent and had not filed the publication.
(2.) The revision was admitted on 18/2/2008 and notice was issued to the respondent No.2 on 26/2/2008 through Court of II Additional Judicial Magistrate of I Class, Tanuku. As per the office report, the notice sent to respondent No.2 has not yet returned. In view thereof, as the notice was sent on 26/2/2008, about 14 years back through Court and has not been returned unserved, the notice on respondent No.2 is deemed to be sufficient. No representation from the side of the respondent No.2.
(3.) The petitioner filed complaint under Ss. 138/142 of the Negotiable Instruments Act (the N.I. Act) against the respondent No.2 on the averments inter alia that the complainant, is a partnership firm carrying on the business of maintaining books of account in the regular course of its business. The accused/respondent No.2 borrowed an amount of Rs.45,000.00 (Rupees forty-five thousand only) from the complainant and executed a promissory note on 18/4/2004 agreeing to repay the loan with interest at 24% per annum and in discharge of such liability, the accused gave a cheque bearing No.707427 on 28/5/2004 for Rs.45,000.00 (Rupees forty-five thousand only) drawn on Andhra Bank, Bhimavaram. The cheque on presentation in the bank was dishonored due to 'funds insufficient' on 19/9/2004, upon which the complainant served a statutory notice to the accused on 18/10/2004, but neither any reply was submitted nor the payment was made by the accused/respondent No.2.;


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