IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY EIGHT DAY OF JULY TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.604 OF 2010 Between: M/s. G.V.N.Finanace & Leasing Private Limited … APPELLANT And M/s. Bharat Export Corporation and another … RESPONDENTS This Court made the following: HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.604 OF 2010 JUDGMENT: 1. Even though the appellant/complainant filed private complaint in the lower Court alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881, (in short, the Act) against the accused/respondent No.1, the complainant satisfied itself by examining only PW.1. The complainant did not file any documents in support of its contentions. No dishonoured cheque is marked. No dishonour memo of the bank is marked. No statutory notice given by the complainant to the accused after dishonour, is marked. It is not known whether the statutory notice was received by the accused or not. Mere oral evidence of PW.1 with regard to the said aspects is not going to prove the cause of action for filing the complaint. The complainant utterly failed to prove commission of offence under Section 138 of the Act by the accused. The lower Court rightly held that the accused/respondent No.1 is not guilty of the offence under Section 138 of the Act. 2. In the result, the Criminal Appeal is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU, J July 28, 2010 MD HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.604 OF 2010 July 28, 2010