M/S. SANTHOSHI POLYMERS Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The criminal petition is filed under Sec. 482 Crimial P.C., 1973 to quash the complaint in C.C.No.126 of 2017 pending on the file of XXII Special Magistrate, Erramanzil, Hyderabad, registered for the offence punishable under section 138 of the Negotiable Instruments Act (for short 'the Act').

(2.) The petitioners are A1 to A3 and the 2nd respondent is the complainant.

(3.) The 2nd respondent filed private complaint under Sec. 200 Crimial P.C., 1973 for the above offence alleging that the cheque bearing No.003225, dated 15.07.2016 for Rs. 2,60,000.00 and cheque bearing No.003228, dated 24.07.2016 for Rs. 2,72,440.00 drawn on Bank of Baroda, Daman Branch issued by the petitioners towards discharge of part of legally enforceable debt i.e. Rs. 60,31,949.00 and on receipt of the instructions from the petitioners i.e. A2 and A3, the said cheques were presented with the bank for collection, but the said cheques were returned for the reason that 'payment stopped by the drawer' vide cheque return memos dated 14.10.2016. Thereupon, notice dated 31.10.2016 was issued by registered post calling upon the petitioners to pay the cheques amount and the said notice was acknowledged by the petitioners, but neither they paid the amount demanded nor gave any reply to the notice.