APHC010477982008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE 24th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL NO: 1060 OF 2008 Between: 1. P.N.R.TIMBER TRADERS, Rep. by its Partner Potru Surendra Babu, aged about 36 yrs., Occ: Business, R/o Chilakuripet Town, Guntur Dist. ...Appellant AND 1. LAKSHMI VENKATESWARA TIMBER DEPOT 2 OTHERS, Rep. by its Prop. Akula Sridhar, having his Depot at D.No.12-271, Balusupadu Road, Jaggaiahpet. 2. Akula Sridhar, S/o Sreeranganayakulu Nayudu, Proprietor Lakshmi Venkateswara Timber Depot, D.No.12-271, Balusupadu Road, Jaggaiahpet. 3. The State of A P, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ...Respondents Counsel for the Petitioner: SATYANARAYANA NIMMALA Counsel for the Respondents: PUBLIC PROSECUTOR (AP) 2 The Court made the following JUDGMENT: 1. This appeal is filed by the Complainant against the Judgment passed by the Judicial Magistrate of First Class, Chilakaluripet, dated 24.06.2008 in C.C.No.21 of 2007, assailing the acquittal of the Accused under Section 138 of NI Act. I. The brief facts: 2. The Complainant’s case is that in discharge of debt under khata, the Accused issued three Cheques Nos.840828, 840829 & 840830 dated 04.11.2004 drawn on State Bank of Hyderabad, Jaggaiahpet Branch for Rs.50,000/- each, the said Cheques were presented through Bank of Baroda, Nadendla Branch, they were dishonoured and returned with a memo on 24.11.2004. On 29.11.2004, the Complainant got issued a legal notice, it was returned unserved as he was avoiding. 3. The record reveals that the evidence of PWs.1 & 2 was recorded and P.1 to P.16 were exhibited, also evidence of DW.1 was recorded and D.1 was exhibited. 4. The Trial Court acquitted the Accused holding that the three Cheques were issued in the name of PNR Timber Traders, whereas the names of the Accused were Lakshmi Venkateswara Timber Depot and Akula Sreedhar, further the account number itself differs with the account verified by the State Bank of Hyderabad, Jaggaiahpet is not belongs to the Accused and also the Complainant did not place any material before the Trial Court to prove the case. Hence, the Trial Court gave the benefit of doubt and acquitted the Accused. II. ANALYSIS: 5. The material on record reveals that Trial Court discussed the evidence and acquitted both the Accused on the ground that the Complaint failed to prove that the three Cheques were issued by Lakshmi Venkateswara 3 Timber Depot or Akula Sreedhar but the Cheques were in the name of PNR Timber Traders, further the Trial Court held that the account number itself differed with the account verified by the State Bank of Hyderabad and this Account was not of Accused and finally acquitted the accused for the offence under Section 138 of NI Act. The Appellant/Complainant did not serve notice on the Respondents/1st and 2nd Accused for all these years although multiple opportunities have given for about 18 years. Further Appellant also did not appear on number of occasions to demonstrate infirmities in the Judgment of the Trial Court warranting interference in the Judgment. 6. The alleged transaction is dated 04.11.2004. C.C.No.21 of 2007 is disposed on 24.06.2008 by the Trial Court. The present appeal is filed in the year 2008. The docket proceedings show that the notice on the 1st and 2nd Accused was not served despite multiple opportunities. The Appellant/Complainant did not pursue the Appeal with due diligence. Thus, this Court is disposing the Appeal on merits for the aforesaid reasons. Thus, the appeal is dismissed. Consequently, miscellaneous petitions, if any, pending shall stand closed. ____________________________ JUSTICE ALAPATI GIRIDHAR, J Dt: 24.07.2026 JKS 4 80 THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL NO: 1060 OF 2008 24.07.2026 JKS