LAWS(APH)-2023-5-75

JASTI RAMA KRISHNA Vs. ALAMURI RAMANA REDDY

Decided On May 12, 2023
Jasti Rama Krishna Appellant
V/S
Alamuri Ramana Reddy Respondents

JUDGEMENT

(1.) The present Criminal Petition is filed seeking to quash the proceedings in C.C.No.48 of 2016 on the file of the Court of Judicial First Class Magistrate, Darsi, Prakasam District. The petitioners herein are arrayed as accused Nos.3 to 5, 8 & 9 respectively in the said case, filed against them for the offence punishable under Sec. 138 of Negotiable Instrument Act(for short 'the Act').

(2.) As per the complaint lodged by the 1st respondent, the petitioners herein and other accused are Managing Partners of M/s.Sri Lakshmi Narasimha Raw & Boiled Rice Mill, Pasupugallu and they purchased 3530 bags of paddy from him from 29/4/2014 to 29/5/2014 and indebted a sum of Rs.28,80,748.00, out of which, an amount of Rs.15,25,748.00 was paid on different dates and for the remaining balance of Rs.13,55,000.00, the Accused Nos.1 and 2 issued a cheque bearing No.308464 dtd. 22/12/2015 drawn on State Bank of India, Addanki in the capacity of Managing Partners of the said firm to the 1st respondent and the same was returned on 22/1/2016 with a cheque return memo stating that 'Account Closed'.

(3.) After issuance of statutory legal notice to the accused, the above complaint has been filed against the petitioner/accused under Sec. 200 of Criminal Procedure Code for the alleged offence under Sec. 138 of the Act.