KUCHIMANCHI SUBRAHMANYAM Vs. STATE OF TELANGANA AND ORS

JUDGEMENT

(1.) This Petition, under Section 482 Cr.P.C, is filed seeking to quash the proceedings against the petitioner in C.C.No.364 of 2016 on the file of the Court of the III Special Magistrate, Kukatpally, Cyberabad.

(2.) The facts leading to filing of the present Criminal Petition are, briefly, as follows:

(3.) The case of the complainant - second respondent is that the petitioner herein entered into a development agreement with the father of the second respondent on 07.04.2014 for development of the plot in R.S.No.18/2, Siddarthanagar, Vijayawada. As per the terms and conditions of the development agreement, the petitioner has to pay an amount of Rs.10,00,000/- as part payment either to the second respondent or to his father. On 28.01.2016 the petitioner issued a cheque bearing No.308253 drawn on State Bank of India, Gurunanak branch, Vijayawada for an amount of Rs.7,50,000/- in favour of the second respondent. On 04.02.2016 the second respondent presented the said cheque for clearance in State Bank of India, Kukatpally branch, Hyderabad. The bank authorities returned the cheque with an endorsement 'funds insufficient'. The second respondent got issued a legal notice on 16.2.2016 directing the petitioner to pay the amount covered under the said cheque. Hence the complaint.