BANDI PANDU Vs. KOLA BALAJI VARMA

JUDGEMENT

(1.) The petitioner herein who is accused No. 1 in C.C.No. 92 of 1996 on the file of Additional Judicial First Class Magistrate, Avanigadda, in Krishna District invokes inherent powers and seeks quashing of the said proceedings.

(2.) A brief resume of facts is necessary. The 1st respondent herein supplied prawns worth Rs. 1,78,7387- in the month of March/April 1994 to the petitioner herein. A sum of Rs. 1,14,9367- was paid by the petitioner. For the balance amount a cheque bearing No. 952648, dated 27-7-1994 was issued. The cheque was dishonoured by State Bank of India, Governorpet Branch, Vijayawada, as there is no sufficient amount. The 1st respondent issued a notice dated 17-10-1994 demanding the petitioner to pay the cheque amount. A complaint was filed on 11-11-1994 before the Judicial First Class Magistrate, Avanigadda, alleging that the petitioner committed an offence under Section 138 of the Negotiable Instruments Act (for short "N.I. Act") and Section 420 IPC. The same was forwarded under Section 156 (3) Cr.P.C. to the police station, Avanigadda for investigation and report. The Police, Avanigadda, registered it as Crime No. 25/1995 and investigated into and submitted a final report. Thereupon, the learned Magistrate dismissed the complaint on 3-11-1995. Thereafter another complaint was filed on 26-2-1996 with' the same allegations mentioned in the 1st complaint dated 11-11-1994. The learned Magistrate took cognizance and summons were issued on 12-4-1996. The 1st respondent is said to have made the petitioner and his father as accused in the said case.

(3.) The petitioner and his father filed Criminal Petition No. 1057 of 1997 before this court to quash the proceedings. This court quashed the proceedings against the petitioner's father by an order dt. 30-4-1998.