ATUKURI RAMALINGESWARA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.P.C., seeking to quash the order dated 16.08.2019, passed in C.R.P.No.8 of 2019, on the file of Principal Sessions Judge, Ongole, Prakasam District, consequently to set aside the order dated 17.01.2019, passed in Crl.M.P.No.7077 of 2018 in C.C.No.414 of 2016, on the file of Special Judicial Magistrate of the First Class, Mobile Court-cum-IV Additional Junior Civil Judge, Ongole, Prakasam District.

(2.) The petitioner is the accused in C.C.No.414 of 2016, on the file of Special Judicial Magistrate of the First Class, Mobile Courtcum-IV Additional Junior Civil Judge, Ongole, Prakasam District. The 2nd respondent has filed a private complaint against the petitioner alleging that the cheque dated 15.06.2013 bearing No.260234 issued by him towards part satisfaction of the amount borrowed under a promissory note dated 15.06.2012 is bounced when it is presented for collection on 17.06.2013 with the endorsement "insufficient funds". Due to dishonour of the aforementioned cheque, the 2nd respondent has initiated the proceedings against the petitioner under Sections 138 and 142 of N.I. Act in C.C.No.414 of 2016. In the said case a petition was filed by the petitioner vide Crl.M.P.No.7077 of 2018 for recalling of P.W.1 for further cross-examination and the same was dismissed by the learned Magistrate on 17.01.2019. Against the said order, the C.R.P.No.8 of 2019 was filed on the file of Principal Sessions Judge, Ongole and the same was also dismissed confirming the order passed by the trial Court.

(3.) These are the circumstances which made the petitioner to file the present application seeking to quash the order dated 16.08.2019, passed in C.R.P.No.8 of 2019, on the file of Principal Sessions Judge, Ongole, Prakasam District and consequently allow the same by setting aside the order dated 17.01.2019, passed in Crl.M.P.No.7077 of 2018 in C.C.No.414 of 2016, on the file of Special Judicial Magistrate of the First Class, Mobile Court-cum-IV Additional Junior Civil Judge, Ongole, Prakasam District.