YADA ANJANEYULU Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner is the second accused in Crime No. 86 of 1999 on the file of the Sircilia Police Station, Karimnagar District. The second respondent herein, which is a Finance Company lodged a complaint with the police stating that the petitioner along with another person approached the second respondent for a loan of Rs. 1,50,000/-. Accordingly the loan was granted. There after the money was never paid. In fact the first accused, it appears, issued a cheque towards repayment of loan amount which was dishonoured on account of non- availability of funds in the account of the accused. In the circumstances the complaint was lodged alleging that the petitioner and the other accused committed an offence under Section 420 read with Section 107, IPC and Section 138 of Negotiable Instruments Act. The present petition is filed under Section 482, Cr.P.C. to quash the First Information Report in the above crime.

(2.) The learned Counsel for the petitioner argued that the transaction is purely a civil in nature but the proceedings under criminal law are not called for. On the other hand, the learned Counsel for the respondent relied upon a decision of the Supreme Court reported in Rajesh Bajaj vs. State NCT of Delhi wherein the Supreme Court observed as follows:

(3.) In the circumstances of the case and in view of the judgment of the Supreme Court, I see no merit in the petition. Criminal Petition is accordingly dismissed.