SUNSTAR SEED PVT LTD Vs. YERUVA ARLA REDDY

JUDGEMENT

(1.) This Criminal Petition, under Sec. 482 of the Code of Criminal Procedure 1973, is filed to quash the proceedings in C.C.No.213 of 2016 on the file of the I Additional Junior Civil Judge, Sattenapalli, Guntur District, registered for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881.

(2.) The facts averred in the present Criminal Petition are that the 1st respondent/complainant is doing business in seeds. The complainant purchased chilli seeds from the company of the petitioner/accused and sold the same to the farmers of Thallacheruvu, Pedapalem Villages and also surrounding villages. The farmers who purchased the said chilli seeds through the accused company have cultivated their lands. But, the said chilli seeds did not give fruitful yielding and the same was informed to the accused company authorities by the complainant. In response, the accused company authorities visited the said fields and agreed to give compensation to the farmers through the complainant and had issued five (5) cheques each, for an amount of Rs.6.00 lakhs after executing an undertaking letter on 4/1/2016. But, the said cheques were returned with an endorsement 'funds insufficient'. Hence, the 1st respondent filed complaint for the offence punishable under Sec. 138 of N.I.Act and the I Additional Junior Civil Judge, Sattenapalli, Guntur District, took cognizance of the said offence.

(3.) Heard the learned counsel for the petitioner, learned counsel for the 1st respondent, the learned Special Assistant Public Prosecutor for the 2nd respondent. This Court perused the record.