CHELLUBOYINA SATYANARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These two Criminal Petitions have been taken out under Section 482 Cr.P.C. by the accused in C.C.No. 36 of 2009 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam City, to quash the proceeding therein. Background facts, in a nutshell, are: Chavakula Venkata Subba Raju filed a complaint on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam City, on 19.01.2006, alleging, inter alia, that Chelluboyina Satyanarayana-A1 is the father of Chelluboyina Suresh Kumar-A2. They approached him with a request to advance a sum of Rs. 20,00,000/-for the purpose of higher education of the latter in United States of America. He acceded to their request and advanced a sum of Rs. 5,00,000/-on 10.04.2005 and Rs. 15,00,000/-on 21.04.2005. The father and the son promised to pay back the amount within a month. After repeated requests and reminders, the son issued a cheque bearing No. 563526, dated 21.07.2005, for Rs. 20,00,000/-drawn on ING Vysya Bank Limited, Bhimavaram Branch. Both the father and the son requested him not to present the cheque till the last week of November, 2005. He presented the cheque in the month of November, 2005. The said cheque came to be dishonoured for want of sufficient funds on 30.11.2005. He issued a notice, dated 14.12.2005 calling upon the father and the son to make good the amount covered under the cheque in question. The notice sent to the father returned unserved on 16.12.2005 with an endorsement 'addressee out of country' and whereas the notice sent to the son returned on 16.12.2005 with an endorsement "intimation served". Since the father and the son issued the cheque without maintaining sufficient funds in the account, it constitutes an offence of cheating punishable under Section 420 and also an offence punishable under Section 138/142 of the Negotiable Instruments Act. For better appreciation, I may refer relevant portion of the complaint, which reads as hereunder:

(2.) Since both the Criminal Petitions are relatable to C.C.No. 36 of 2009 on the file of the 1st Additional Chief Metropolitan Magistrate, Visakhapatnam, they are heard together and are being disposed of by this Common Order.

(3.) Heard Sri P.Nagendra Reddy, learned counsel appearing for the A1 and Sri C.Praveen Kumar, learned counsel appearing for the A2 and Sri M.S. Ramachandra Rao, learned counsel appearing for the complainant.