HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL. REVISION CASE No. 369 OF 2003 Thursday, the Fifth Day of August, Two Thousand and Ten Between Angati Demudu Petitioner AND Smt. Pasupulati Lalith Anand w/o Anand Kumar and another Respondents ORAL ORDER: This revision is filed questioning the judgment dated 9.12.2002 in C.C. No. 36 of 2000 on the file of the II Metropolitan Magistrate, Visakhapatnam, contending that the court below ought not to have acquitted the accused – petitioner herein for the offence under Sec.138 of the Negotiable Instruments Act. The facts in brief are that the petitioner herein had advanced a sum of Rs.2.00 lakhs to the first respondent herein on 2.7.1998 and obtained a cheque. When the said cheque was presented for encashment, the same was dishonoured for insufficiency of funds. As such, the petitioner herein got issued a legal notice dated 1.11.1999 demanding the first respondent herein to pay the amount under the cheque. But since the first respondent having received the said notice failed to pay the amount, the petitioner herein filed the complaint before the court below. Heard learned counsel for the petitioner and the learned counsel for the first respondent. Apparently, the petitioner under misconception approached this Court and filed the present revision. Even according to the complainant, the amount was received on three different occasions and the same was established by Exs. D-1, D-2 and D-3. Ex.D-1 is the cash receipt for Rs.40,000/-, Ex.D-2 is the Memo issued by the complainant acknowledging receipt of cash of Rs.40,000/- each (totaling to Rs.80,000/-) and Ex.D-3 is the Memo issued by the complainant – petitioner herein acknowledging receipt of Rs.80,000/-. The total amount that has been paid under Exs. D-1 to D-3 comes to Rs.2.00 lakhs and the cheque amount is also Rs.2.00 lakhs. It is not known as to why this revision is filed. Consequently, the Criminal Revision Case fails and is accordingly dismissed. _____________________________ Justice Gopala Krishna Tamada August 5, 2010 MAS