MR. NAGARJUN VALLURIPALLI, DIRECTOR, SURYA RAY ELIXIRIS PRIVATE LIMITED AND OTHERS Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioners under section 482 of Cr.P.C., to quash the proceedings in C.C. No.1851 of 2010, on the file of the XVII Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad.

(2.) The contention of the petitioners/accused is that the petitioners Company paid rents and also maintenance till August, 2009. Thereafter, due to slack in business, rents could not be paid and on several occasions petitioners company requested the respondent / complainant to permit them to pay dues in installments. But the complainant threatened the accused company that they will stop supplying electricity/water and other services, if the dues with regard to payment of rents and maintenance are not cleared immediately. Having no other option, Sri Dheeraj Doulat Keswani, one of the Directors of accused company, who negotiated with the complainant, was forced to hand over post dated blank cheques (personal cheques) to the complainant under security. In spite of receiving post dated personal cheques and contrary to the oral understanding arrived between the complainant and Dheeraj Doulat Keswani, without any prior notice, respondent / complainant stopped supplying electricity/water and other services to the accused company and thereby the accused company was forced to close the business due to heavy loss.

(3.) It is the further contention of the petitioners that one of the Directors of M/s. Surya Ray Elixirs Private Limited, issued personal cheque bearing No.286482, dated:15.9.2010 for a sum of Rs. 10,00,000/- drawn on UCO Bank, to the complainant as security for the outstanding dues and also not to discontinue supply of electricity/water and other services. But the said cheque was deposited by the complainant in their bank and the same was dishonoured. Complainant issued notice on 21.10.2010. To this, reply notice dated:29-11-2010 was issued denying the allegations in the notice.