C N REDDY Vs. G RAMESH

JUDGEMENT

(1.) This criminal petition is filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C. No. 196 of 2010 on the file of the XIII Metropolitan Magistrate, L.B. Nagar, Ranga Reddy District. I have heard Sri Ch. Ravindra Babu, learned counsel appearing for the petitioner, Sri K. Suresh Reddy, learned counsel appearing for the respondent No. 1/complainant and the learned Additional Public Prosecutor representing the State/respondent No. 2.

(2.) Brief facts of the case which is sought to be quashed are the following:

(3.) Thereafter, the first respondent demanded the petitioner for payment of the balance amount of Rs. 2,40,000/- and on the instructions of the petitioner he again presented the said two cheques for collection. The said cheques were dis-honoured again with an endorsement 'funds insufficient' and the said fact was informed to the first respondent on 05.12.2010 and the information was received by the complainant on 06.12.2010. Subsequently, the first respondent/complainant demanded the petitioner/accused to pay the balance amount of Rs. 2,40,000/- several times, but the petitioner failed to pay the amount. On that the complainant got issued two legal notices dated 08.12.2010. One of the notices was received by the petitioner/accused and the other notice was refused by him. The petitioner got sent a reply notice on 26.02.2010 to the complainant stating inter alia that the notice issued by the first respondent/complainant purportedly under Section 138 of the Negotiable Instruments Act is not in accordance with law and also setting up the plea that the cheques were issued by the petitioner as security for the amount due and on making part payment by him, the first respondent assured him that he would not present them for collection. After receiving the said reply, the first respondent/complainant filed a complaint under Section 138 and 142 of the Negotiable Instruments Act within the time allowed by law. The said complaint is sought to be quashed in the present criminal petition.