CHITTALURI DHANALAKSHMI Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C') to quash the proceedings in C.C.382/2015 pending on the file of the learned Additional Judicial Magistrate of First Class, Turuvur.

(2.) Perusal of the record would reveal that the petitioner herein is the sole accused and the offence alleged against the petitioner is under Sec. 138 of the Negotiable Instruments Act (for short 'the N.I. Act').

(3.) As per the complaint, the allegations against the petitioner, are as follows: The 2nd respondent herein filed C.C.382/2015 on the file of Additional Judicial Magistrate of First Class, Tiruvur alleging that the petitioner borrowed an amount of Rs.4,00,000.00 on 5/3/2014 from the 2nd respondent and issued a cheque bearing No.000004, dt.18/4/2015 towards part satisfaction of the debt. The 2nd respondent had presented the cheque for encashment. The said cheque was sent for clearance which was returned vide memo dt.22/4/2015 without making any payment, for the reason that the cheque was stopped on the ground of lost/theft, through online/net banking. After getting information regarding the dishonour of the said cheque, the 2nd respondent issued a legal notice to the petitioner on 25/4/2015 and the same notice was received and issued belated reply dt.14/5/2015 and failed to pay the amount, as such the present complaint has been filed and the learned Magistrate found that there is sufficient material to proceed with the case for the offence under Sec.138 of N.I.Act against the petitioner herein.