SRINIVAS RENDLA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.168 of 2018 on the file of the III-Metropolitan Magistrate, Cyberabad at L.B.Nagar.

(2.) The brief facts of the case are that the 2nd respondent herein filed a private complaint against the petitioner/accused for the offence punishable under Section 138 and 142 of the Negotiable Instruments Act, 1881 (for short "the Act"), inter alia, stating that the 2nd respondent/complainant is doing business under the name and style "Royal Engineers" at Uppal, Hyderabad and one Dr.Devender Reddy, Medical Director of Amma Hospital, was his family friend and the said Dr.Devender Reddy introduced the petitioner/accused as his friend. The petitioner/accused developed acquaintance with the 2nd respondent/Complainant and requested through Dr.Devender Reddy in the month of November, 2017, to arrange hand loan of Rs.10,00,000/- for his personal and family needs and agreed to repay the same along with interest at 1% per annum within six months. Considering the said request, the 2nd respondent/complainant had arranged the said amount and paid to the petitioner/accused on 16.11.2017 in the presence of Dr.Devender Reddy and others, and the petitioner/accused had issued three post dated cheques i.e., Cheque bearing No.525274 for Rs.4,00,000/-, Cheque No.525275 for Rs.3,00,000/- and Cheque No.525276 for Rs.3,00,000/-, drawn on State Bank of India, Collectorate Branch, Adilabad. After lapse of six months, the 2nd respondent/complainant requested the petitioner/accused for repayment of the above hand loan with interest, but the petitioner/accused promised to pay the said amount two months thereafter. After two months, the 2nd respondent/complainant had presented the said cheques in his account in Indian Bank, Uppal Branch, for realization, but the same were returned unpaid with an endorsement "Payment Stopped by Drawer". After complying with all the requirements as contemplated under the Act, a private complaint came to be filed by the 2nd respondent/complainant, which was taken cognizance as C.C.No.168 of 2018. The present Criminal Petition is filed to quash the proceedings in the above C.C.

(3.) Heard Sri L.Ravichander, learned Senior Counsel appearing for Sri S.Goutham, learned Counsel for the petitioner/accused, learned Additional Public Prosecutor for the 1st respondent-State and learned Counsel for the 2nd respondent/ complainant.