AARIKATLA SRINIVASA REDDY Vs. STATE OF A.P,

JUDGEMENT

(1.) The present application is filed under Sec. 482 of Code of Criminal Procedure, 1973, ["Cr.P.C."] seeking quashing of proceedings in C.C. No. 344 of 2012 on the file of Judicial Magistrate of First Class, Macherla, Guntur District.

(2.) The 2nd Respondent herein filed a private complaint against the Petitioner/Accused for an offence punishable under Sec. 138 of Negotiable Instruments Act. The allegations in the complaint, are as under:

(3.) In other words, the argument of Sri. P. Nagendra Reddy, learned Counsel for the Petitioner is that the accused borrowed Rs.20,00,000.00 in the year 2008 and the repayment period of three years expired in the year 2011. When the complainant cannot enforce the said liability as it is "time barred", entertaining a complaint filed under Sec. 138 of Negotiable Instruments Act, is bad in law. He relied upon the judgments of this Court in A.Yesubabu V. D. Appala Swamy and Another 2003 (2) ALD (Crl.) 707 (AP); Padala Veera Venkata Satyanarayana Reddy V. State of A.P. represented by Public Prosecutor 2019 (1) ALT (Crl) 394 (S.B); and unreported Judgment of another learned Single Judge in Gerard Kollian V. M/s. Weis Electronics and Industrial Services (P) Limited, Secunderabad and another,Crl.A. No. 1255 of 2008, dtd. 3/6/2014 in support of his plea.