A.R. RADHA KRISHNA Vs. DASARI DEEPTHI

JUDGEMENT

(1.) Leave granted.

(2.) These appeals, by special leave, are directed against the order dated 209.2017 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in Criminal Petition Nos. 6508, 65306531 of 2017, whereby the High Court allowed the Criminal Petitions filed by respondent nos. 1 and 2 and set aside the cognizance order passed by the trial court.

(3.) The case of the prosecution in brief is that the appellant had entered into an investment agreement with M/s Dhruti Infra Projects Limited (accused no.1) on 01.12.2013 on the basis of representation of respondent nos. 1 and 2 herein, who were the Directors of the said Company. The appellant invested a total amount of Rs. 2,11,50,000.00 in the said project. According to the appellant, as on 31.02016, a total amount of Rs. 1,81,50,000.00 was left to be repaid to him along with applicable interest on it. Thereafter, upon several representations by the appellant, M/s Dhruti Infra Projects Limited agreed to repay the amount via issue of seven cheques in favour of the appellant. Six cheques for Rs. 25,00,000.00 each and one cheque for Rs. 30,00,000.00 were drawn on different dates by the authorised signatory, i.e., M.D. of M/s Dhruti Infra Projects Limited, which were returned dishonored, on presentation by the appellant, with the remark "Payment stopped by Drawer".