LAWS(TLNG)-2022-9-61

JAIRAM FIUNDRY PVT. LTD. Vs. STATE OF TELANGANA

Decided On September 08, 2022
Jairam Fiundry Pvt. Ltd. Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) Heard Mr. C. Raghu, learned senior counsel representing Mr. Lingampally Ravinder, learned counsel for the petitioners, learned Assistant Public Prosecutor appearing for respondent No.1 and Mr. Damodar Mundra, learned counsel for respondent No.2.

(2.) Criminal Petition No.628 of 2022 is filed by the petitioners - accused Nos.1 to 4 to quash the proceedings in C.C. No.2643 of 2021 pending on the file of VIII Metropolitan Magistrate, Nampally, Hyderabad, while Criminal Petition No.629 of 2022 is filed by the very same petitioners to quash the proceedings in C.C. No.2644 of 2021 pending on the file of the very same Court.

(3.) Respondent No.2 herein is the complainant filed the aforesaid both the Calendar Cases under Sec. - 200 of the Cr.P.C. for the offence under Sec. - 138 of the Negotiable Instruments Act, 1881 (for short 'N.I. Act') against the petitioners herein. In C.C. No.2643 of 2021, the cheque in dispute is bearing No.236724, dtd. 20/9/2021 for Rs.30,00,000.00 (Rupees Thirty Lakhs Only) issued by petitioner No.1 - accused No.1 Company represented by its Authorized Signatory, Mr. Jairam Singh in the first week of May, 2021, and the same was dishonoured with an endorsement "payment stopped by drawer" on 22/9/2021. Whereas the cheques in dispute in C.C. No.2644 of 2021 are bearing Nos.292443 and 292442, both dtd. 3/9/2021 and 3/9/2021 for Rs.1,00,000.00 and Rs.2,50,000.00, respectively issued by petitioner No.1 Company. Initially, when the said two cheques were presented, the same were returned with an endorsement 'funds insufficient' vide cheque return memos dated 04 09.2021. Again, when the complainant represented the said cheques, the same were returned with an endorsement 'drawers signature differs' on 15/9/2021.