CHAKRAPANI Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in C.C.No.121/1999 on the file of the learned Additional Munsif Magistrate, Karimnagar, filed the present petition under Section 482 of the Code of Criminal Procedure to quash the proceedings therein.

(2.) The facts leading to the filing of the present petition in brief are that the 2nd respondent filed a private complaint on 18.2.1998 against the petitioner before the Court below alleging that the petitioner issued a cheuqe bearing No.823222, dated 19.7.1997, for Rs.90,000/-. 2nd respondent presented the cheque on 7.1.1998 in the Bank. The cheque was dishonourd for insufficiency of funds. 2nd respondent received intimation on 15.1.1998 from his Bank about the dishonour of the cheque. Therefore, 2nd respondent issued a statutory demand notice on 25.1.1998 to the petitioner, which the petitioner received on 31.1.1998, calling upon him to make payment of the amount covered by the dishonoured cheque, but the petitioner did not choose to pay the amount. The private complaint was registered as C.C.No.121/1998 under Section 138 of the Negotiable Instruments Act, for short, hereinafter to be referred to as the Act . The accused in that case filed this petition to quash the proceedings therein.

(3.) This Court while admitting the petition on 7.9.1999 granted interim stay of all further proceedings in the case. 2nd respondent filed a petition to vacate the interim stay. Since without hearing the main petition finally the vacate stay petition cannot be disposed of, and with the consent of both parties, the main petition itself has been heard and is being disposed of finally.