V.SURESH REDDY Vs. E.SURYA PRAKASH

JUDGEMENT

(1.) This Criminal Petition has been taken out under Section 482 Cr.P.C by petitioner-V.Suresh Reddy, accused in C.C.No.16 of 2010 on the file of Junior Civil Judge-cum-Judicial First Class Magistrate, Kamalapuram, Kadapa District to quash the proceeding therein.

(2.) 1st respondent-E.Surya Prakash Goud filed a complaint against the petitioner/accused in the Court of Junior Civil Judge-cum-Judicial First Class Magistrate, Kamalapuram alleging inter alia that the petitioner/accused borrowed an amount of Rs.4,50,000/- from him on 05.4.2009 agreeing to repay the same with interest and executed a promissory note in his favour. On the same day, the petitioner/accused issued a cheque bearing No.234540 drawn on Andhra Bank, Apollo Hospital, Jubilee Hills, Hyderabad for Rs.4,50,000/- towards discharge of the pronote debt. He presented the cheque on 18.09.2009 for collection through State Bank of Hyderabad, Yerraguntla village, Kadapa District. The cheque came to be returned on 23.9.2009 on the ground of 'insufficient funds' and he received the intimation from the State Bank of Hyderabad, Yerraguntla Branch on 05.10.2009. Thereupon, he issued a statutory notice on 02.11.2009 calling upon the petitioner/accused to pay the amount covered under the cheque in question. The petitioner/accused received the notice and issued a reply dated 21.11.2009 disputing his liability to pay the cheque amount. Since the petitioner/accused failed to pay the cheque amount despite statutory notice, he renders himself liable for punishment for the offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate recorded the sworn statement of the 1st respondent-complainant and took cognizance of the offence under Section 138 of the Negotiable Instruments Act and issued summons to the petitioner/accused, by order dated 19.02.2010. Hence this petition to quash the proceeding in C.C.No.16 of 2010.

(3.) Heard learned counsel appearing for the petitioner/accused and learned counsel appearing for the 1st respondent-complainant and perused the material brought on record.