G SURYA PRABHAVATHI Vs. NEKKANTI SUBRAHMANYESWARA RAO

JUDGEMENT

(1.) This petition is filed under section 482, Criminal Procedure Code, to quash the proceedings in C.C. No. 436 of 1995 on the file of the IIIrd Addl. Judicial First Class Magistrate, Rajahmundry.

(2.) The first respondent filed a private complaint against the petitioner/A-3 and others alleging that accused Nos. 1 and 2 constitute a joint Hindu family and A-1 was the manager of the joint Hindu family and the petitioner herein is the wife of A-1. It is alleged that accused Nos. 1 to 3 approached the complainant and obtained financial accommodation of Rs. 1,50,000 and purchased a car bearing No. AIK 969 in the name of the petitioner/A-3 and A-1 issued a post dated cheque on 1/02/1995, for Rs. 2,56,300 and the cheque was presented and it was returned dishonoured on 8/02/1995. Then he issued a notice on 12/02/1995, to A-1 to A-3 demanding to pay the amount within fifteen days and the accused received the notice on 14/02/1995, and failed to pay the amount and is liable for punishment under section 138 of the Act.

(3.) The learned Magistrate originally dismissed the complaint without recording the sworn statement against A-2 and A-3. Against the said orders, the complainant filed a revision before the Sessions Judge in Criminal Revision No. 65 of 1995 and the said revision was allowed directing the Magistrate to record the sworn statement and then pass appropriate orders.