KOLAN ENGINEERING Vs. P.L REDDY CO.

JUDGEMENT

(1.) This criminal petition is filed under Sec. 482 Cr.P.C., to quash the proceedings in C.C.No.198 of 2013 pending on the file of the VI Special Magistrate, Erramanzil, Hyderabad. The petitioners herein are A1 and A2. The offence alleged against them is under Sec. 138 of Negotiable Instruments Act, 1881.

(2.) Though the matter underwent several adjournments, none appears for the petitioners. Even today, when the matter is taken up, learned counsel for the petitioners has not turned up. Heard learned Assistant Public Prosecutor and perused the record.

(3.) The 1st respondent herein filed a complaint under Sec. 200 Cr.P.C., against the petitioners stating that it is a special class contractor executing works for the Government and also for other private agencies in West Bengal etc. The accused approached the complainant on several occasions for sub-contracting works, supply of machinery etc., and during the course of business, the complainant paid an advance amount of Rs.10.00 lakhs to accused by way of cash on 7/8/2011 with a condition to work out the terms and conditions later, but it has not obtained any receipt/voucher out of trust. On several requests, the accused issued a cheque No.547850 dtd. 30/5/2012 for Rs.10.00 lakhs drawn on Bank of Baroda, to the complainant. When the said cheque was presented before the Bank of Maharastra, Khairathabad Branch, for encashment on 5/6/2012, the same was dishonoured for the reason 'funds insufficient' vide cheque return memo dtd. 12/6/2012. After issuing legal notice to the accused and other formalities, it filed the present complaint against the accused and the same was registered as C.C.No.1034 of 2012 (old), renumbered as C.C.No.198 of 2013, for the offence under Sec. 138 of Negotiable Instruments Act, 1881.