CHOKKAKULA ESWARA RAO Vs. BADIREDDI SURYANARAYANA AND ANOTHER

JUDGEMENT

(1.) These Criminal Petitions are filed under Section 482 of Criminal Procedure Code (for short "Cr.P.C.") to quash the proceedings in C.C.Nos.153, 154 and 155 of 2013 pending on the file of Judicial Magistrate of First Class, Srungavarapu Kota, Vizianagaram District, registered for the offence punishable under Section 138 of Negotiable Instruments Act (for short "the N.I.Act").

(2.) The respondent No.1 is the complainant in all the three petitions. Different complainants filed private complaints against the petitioner for the offence punishable under Section 138 of the N.I.ACt, which are registered as C.C.No.153, 154 and 155 of 2013 pending on the file of Judicial Magistrate of First Class, Srungavarapu Kota, Vizianagaram. The details of date of debt, debt amount, cheque number, date of presentation are given in the table given hereunder.

(3.) It is the contention of the respondent No.1 - complainant that the petitioner borrowed different amounts on different dates shown in the table for his business purpose and family necessities agreeing to repay the same together with interest at 24% p.a. and executed promissory notes on the even dates in favour of the complainant. Despite demands made by the respondent No.1 - complainant, the petitioner did not repay the same. The petitioner issued a cheque bearing No.926445 for Rs.2,50,000/- drawn on Indian Overseas Bank, Gajuwaka Branch (old) Visakhapatnam (C.C.No.153 of 2013) and cheque bearing No.306711 for Rs.3,00,000/- drawn on Karur Vysya Bank, Gajuwaka Branch, Visakhapatnam (C.C.No.154 of 2013) and another cheque bearing No.992319 for Rs.2,00,000/- drawn on Indian Overseas Bank, Gajuwaka Branch (old) Visakhapatnam (C.C.No.155 of 2013) towards principal amount due under the promissory notes.