IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD WEDNESDAY THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND SEVEN : PRESENT : THE HON'BLE SRI JUSTICE: GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1654 of 2000 (Criminal Appeal under Sec. 378(3) of Cr.P.C. preferred to the High Court against the Judgment of the Court of the V Metropolitan Magistrate, Visakhapatnam made in CC.No. 536/1998 dt. 03-08-2000) Between: Kalidindi Venkataraju, S/o. Kalidindi. Appellant AND 1. P.Ranganadharaju, S/o. Sreerama Raju, Contractor, R/o. Butchirajupalem, Visakhapatnam. 2. State, rep. by Public Prosecutor, High Court of Andhra Pradesh at Hyderabad. Respondents The Petition coming on for hearing upon perusing the petition and Grounds filed herein and upon hearing the arguments of Smt. N(P) Anjana Devi, Advocate for the Appellant and of Sri K.Sarvabhouma Rao, Advocate for the Respondent No.1 and of the Public Prosecutor on behalf of the Respondent No.2. The Court made the following ORDER: “ Appellant is the complainant in CC.No. 536 of 1998 on the file of the Court of the V Metropolitan Magistrate, Visakhapatnam. He filed the said complaint against the first respondent alleging that the first respondent owed a sum of Rs. 1,00,000/- to him and the first respondent discharged only some part of the debt and did not pay the balance of Rs. 78,500/-, in spite of repeated demands. Thereafter, the first respondent issued a cheque bearing No. VB 83/CB/N 106857 dated. 10-03-1998 for a sum of Rs. 78,500/- drawn on Vijaya Bank, Srikakulam, in favour of the appellant towards discharge of the said debt. When he presented the said cheque on 09-09-1998 at Vijaya Bank, Srikakulam, the same was returned with an endorsement that funds are insufficient. Thereafter, the appellant issued a notice dated. 17-09-1998 requesting the first respondent to pay the said amount, but he failed to do so. Hence, he filed the complaint under Section 138 of the Negotiable Instruments Act (for short “N..Act”). In support of his case, the appellant got examined P.Ws. 1 to 3 and marked Exs. P1 to P6. o oral and documentary evidence was adduced on behalf fo the first respondent. The trial court, on an appraisal of the evidence and other material on record, came to the conclusion that the appellant filed to prove the guilt of the first respondent and thereby acquitted the first respondent of the offence punishable under Section 138 of the N.I.Act. Questioning the same, the appellant/complainant filed this appeal. ..2.. When this matter came up on previous occasions, this Court felt that it is a case for remand and therefore, advised both the parties to settle the matter. Today, the learned counsel for the first respondent represented that the first respondent is willing to pay an amount of Rs. 70,000/- (Rupees seventy thousand only) towards the cheque in question, and requested that the first respondent may be permitted to pay the said amount in two instalments. Learned counsel for the appellant also agreed for the same. As it is stated by the learned counsel for the respondent that an amount of Rs. 35,000/- would be paid on or before 31-01-2008 and the balance of Rs. 35,000/- within two months thereafter, office is directed to list this matter on 04-02-2008.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The V Metropolitan Magistrate, Visakhapatnam. 2. P.Ranganadharaju, S/o. Sreerama Raju, Contractor, R/o. Butchirajupalem, Visakhapatnam. 3. Two CCs to the Public Prosecutor, High Court of A.P.Hyderabad. 4. One CC to Smt. N(P) Anjana Devi, Advocate(OPUC) 5. One spare copy. SAH HIGH COURT TGKJ DATED: 26-12-2007 NOTE: LIST THIS MATTER ON 04-02-2008 ORDER CRL.A.NO. 1654 OF 2000 DIRECTION DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 25-01-2008 HIGH COURT TGKJ DATED: 26-12-2007 NOTE: LIST THIS MATTER ON 04-02-2008 ORDER CRL.A.NO. 1654 OF 2000 DIRECTION