SYED VIKARUDDIN Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioner/sole Accused to quash the proceedings initiated against him in Crime No.355/2010 of Chilkalguda Police Station, Secunderabad, for the offences punishable under Sections 420 and 406 IPC.

(2.) The brief facts of the case of the prosecution are that, the 2nd respondent/complainant is carrying on a chit fund business in the name and style of EKTA CHIT FUNDS in Secunderabad. The petitioner/sole Accused was a subscriber of chit in Group No.EG-24 and was allotted Ticket No.16 for a chit value of Rs. 5.00 Lakhs and the duration of the said chit was 20 months with a monthly subscription of Rs. 25,000/-. The chit was commenced on 18.07.2007 and would end by 14.02009. The petitioner became the successful bidder of the said chit in 4th month and received the bid amount. But, he failed to pay the monthly subscriptions from 14th to 20th months, and issued a cheque bearing No.580576, dated 11.12009 for an amount of Rs. 1,75,000/- drawn on ICICI Bank Limited, Secunderabad. The cheque presented in the Bank on 13.12009 was returned vide Cheque Return Memo dated 14.12009 with an endorsement INSUFFICIENT FUNDS. Therefore, the 2nd respondent/complainant got issued a Statutory notice dated 31.12009 through registered post stating that the petitioner with a malafide intention has issued the said cheque without having sufficient balance in his account and sought for payment of the amount. On receiving the said notice, the petitioner got issued a reply notice dated 15.01.2010. The petitioner, after paying an amount of Rs. 20,000/- in cash and an amount of Rs. 10,000/- through bankers cheque bearing No.996518, dated 16.02010, has got issued a second reply notice dated 24.02010 stating that he was ready to pay the balance amount, if they provide him the particulars of the instalments payable by him. The 2nd respondent, however, without pursuing the proper course of action available under law, has filed the present private complaint. The complaint has been referred to the police for investigation and the same was registered as Crime No.355/2010 of Chilkalguda Police Station, Secunderabad, for the offences punishable under Sections 420 and 406 IPC.

(3.) Heard learned counsel for the petitioner and the learned Public Prosecutor appearing for the 1st respondent-State. Though Sri D. Hanumantha Rao, counsel entered appearance on behalf of the 2nd respondent/complainant, no arguments have been advanced on his behalf.