a) Accused-D.Atchyutha Reddy is a film producer and director. According to the complainant–N.Ratan Babu, he and accused got acquaintance with each other for the past several years and they were family friends. The complainant contends that the accused borrowed Rs.2.50 lakhs on 05.04.2003 in the presence of one M.Dayakar, who is known to both of them. The accused after receiving the amount issued a postdated cheque for Rs.2.50 Lakhs. The cheque is dated 05.09.2004. He presented the cheque in Andhra Bank, Saifabad Branch, for collection and the same came to be returned with an endorsement ‘account closed’. The complainant issued a notice under Section 138(b) of the Negotiable Instruments Act, 1881, (for short, ‘the N.I.Act’) to the accused to make good the amount covered under the cheque in question. The accused received the notice, but he did not respond. The accused stated to have closed the account on 24.01.2003 i.e., much earlier to the issuance of the cheque. Ex.P1 is the cheque. Ex.P2 is the cheque return memo. Ex.P3 is the office copy of the notice and Ex.P4 is the acknowledgement. The complainant filed the complaint on 05.11.2004 before Additional Chief Metropolitan Magistrate at Hyderabad, under Sections 190 and 200 Cr.P.C. for the offence under Section 138 of the N.I.Act. The learned Magistrate, after recording the sworn statement of the complainant, took cognizance of the offence under Section 138 of the N.I. Act, registering the case as C.C.No.711 of 2006. On 14.03.2006, the complainant also filed a complaint under Section 190 and 200 Cr.P.C. for the offence under Section 420 IPC. The learned Additional Chief Metropolitan Magistrate, after recording the sworn statement of the complainant, took cognizance of the offence under Section 420 IPC registering the case as C.C.No.35 of 2007.
