HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL NO.153 OF 2007 DATE:19.07.2010 Between: Y.Chandra Sekhar Rao …… Petitioner. And: Joginder Nagu Nizampatnam and another …..Respondents. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL NO.153 OF 2007 JUDGMENT: 1. The complainant filed this appeal against finding of acquittal recorded by the IV Additional Chief Metropolitan Magistrate, Hyderabad in judgment dated 22.02.2006 in C.C.No.460 of 2003. The complainant/appellant filed complaint in the lower court against the 1st respondent/accused alleging offence punishable under Section 138 of the Negotiable Instruments Act for dishonour of Exs.P.1 to P-3 cheques issued to him as per Exs. P-4 to P-6 cheque return memos. After giving Ex.P-7 statutory notice, the complainant filed the complaint in the lower court. 2. The lower court disbelieved the appellant’s case as he failed to produce promissory note under which he lent Rs.1,00,000/- to the accused. The appellant’s counsel says that the promissory note was filed in civil suit. There is no evidence produced in the lower court to show that the complainant filed any civil suit for recovery of money on the basis of the said promissory note against the accused and to show that he filed the promissory note in that civil suit. During the course of cross-examination of the complainant as P.W.1, he admits his signatures in Ex.D-1 receipt. The said receipt reads that amounts covered by Exs.P-1 to P-3 cheques were received by the complainant from the accused on 18.01.2003. Thus, the lower court rightly held that there is no legally enforceable debt backing Exs.P-1 to P-3 cheques. I find that finding of acquittal recorded by the lower court is proper and legal. 3. Hence, the criminal appeal is dismissed. __________________________________ SAMUDRALA GOVINDARAJULU,J. Date:19.07.2010. Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL NO.153 OF 2007 Date:19.07.2010 Gk.