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Andhra Pradesh Court April 2004 Judgments

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Apr 01 2004

B.V. Rangam Vs. B. Govinda Reddy and anr.

Court: Andhra Pradesh

Decided on: Apr-01-2004

Reported in: 2004(1)ALD(Cri)810; III(2004)BC485; 2004CriLJ3170

C.V. Ramulu, J.1. This appeal is filed being aggrieved by the Judgment dated 19-1-1998 in C.C.No. 364 of 1996 on the file of the Court of V Metropolitan Magistrate, Hyderabad wherein the respondent-accused was acquitted under Section 255(1) of Cr.P.C., for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act').2. The case of the complainant was that he purchased a flat at Yellareddyguda from the accused i.e., Managing Director of M/s. Bhavanam Estates Private Limited and paid a sum of Rs. 3,15,000/- towards sale consideration. The accused neither fulfilled the agreement nor returned the amount and thereby he was constrained to file a criminal complaint, which was registered as Cr.No. 328/95 of Banjara Hills Police Station, Hyderabad under Section 420 IPC and also moved a petition before the State Consumers' Forum claiming compensation for Rs. 6.00 lakhs. Thereafter, the accused approached him for compromise and accordingly, the matter was compromise...


Apr 01 2004

Sagar Cements Ltd. Vs. P. Srinivas, Prop. Varalaxmi Enterprises and an ...

Court: Andhra Pradesh

Decided on: Apr-01-2004

Reported in: 2004(1)ALD(Cri)907; IV(2004)BC170; [2005]124CompCas541(AP)

C.V. Ramulu, J.1. This Criminal Appeal is directed against the judgment dated 23.04.1998 in C.C. No. 125 of 1994, on the file of the V Metropolitan Magistrate, Hyderabad (trial Court), wherein the complaint filed by the appellant/complainant under Section 138 of the Negotiable Instruments Act (for short 'the Act'), against the respondent/accused herein, was held to be not maintainable in law, and the accused was acquitted under Section 255(1) of the Code of Criminal Procedure (for short 'Cr.P.C.'), for the offence under Section 138 of the Act.2. The case of the complainant was that the complainant, being a company, by name M/s. Sagar Cements Limited, carrying on business in cement and it supplied cement to its dealer, who is the accused herein. In the course of the said business, the accused issued cheque bearing No. 312354, dated 24.11.1993, for Rs. 99,000/-, towards the outstanding balance of Rs. 10,28,859-20 ps. When the complainant company presented the said cheque into the bank, t...


Apr 01 2004

Kagithala Soma Raju and anr. Etc. Vs. the State of A.P.

Court: Andhra Pradesh

Decided on: Apr-01-2004

Reported in: 2004(1)ALD(Cri)786; 2004CriLJ2743

B. Seshasayana Reddy, J. 1. These two Criminal Appeals are directed against the judgment dated 29-1-2002 passed in S. C. No. 129 of 1998 on the file of Sessions Judge, West Godavari at Eluru by which the learned Sessions Judge convicted A1 Kagithala Soma Raju, A2 Kagithala Venkateswara Rao, A3 Bandi Ramanadham and A4 Shaik Nazeer for the offences under Sections 448 and 302 r/w 149 IPC and further convicted A2 for the offence under Section 324 IPC and Al, A3 and A4 for the offence under Sections 324 r.w. / 149, IPC and sentenced A1 to A4 to suffer imprisonment for life and to pay a fine of Rs. 1,000/- each in default to suffer RI for two months for the offence under Section 302 r/w 149 IPC and A2 to suffer rigorous imprisonment for a period of three years and fine of Rs. 1,000/- in default to suffer RI for two months for the offence under Section 324 IPC; and A1, A3 and A4 to suffer RI for three years and fine of Rs. 1,000/- each in default to suffer RI for two months for the offence un...


Apr 01 2004

Konduru Meera Saheb and anr. Vs. Polinati Bheemayya and ors.

Court: Andhra Pradesh

Decided on: Apr-01-2004

Reported in: 2004(4)ALD855

D.S.R. Varma, J.1. Heard both sides.2. Since the parties and the subject-matter is one and the same and the judgment under challenge is being a common judgment, all the three Second Appeals are being disposed of by this common judgment.3. Second Appeal No. 4 of 1997 is directed against the judgment and decree in AS No. 38 of 1989 arising out of OS No. 7 of 1985. Second Appeal No. 166 of 1997 is against the judgment and decree in AS No. 66 of 1989 arising out of OS No. 267 of 1984 and the Second Appeal No. 167 of 1997 is against the judgment and decree in AS No. 69 of 1989 arising out of OS No. 265 of 1984.4. OS No. 7 of 1985 was filed by one Konduru Meera Saheb and Gollapalli Naganna, representing the residents of Peda Cheruvu and Marrivaddapeta of Sannavilli Village, Amalapuram Taluq, East Godavari District, for a declaration that the plaint schedule property is intended for the common good and benefit of the plaintiffs-residents of Peda Cheruvu and Marrivaddapeta, hamlet of Sannavill...


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