SHAIK JAWEED Vs. STATE OF A.P.

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Sec. 482 Cr.P.C. to quash the order dtd. 3/9/2013 passed in Crl.M.P. No.579 of 2013 in CC No.453 of 2012 on the file of II Special Magistrate Hyderabad.

(2.) The case of the petitioner in brief was that the respondent No.2 filed a private complaint against him for the offence under Sec. 138 of the Negotiable Instruments Act (for short 'NI Act'). The respondent No.2 alleged that in the month of September 2010, the petitioner requested him for a loan of Rs.2.00 lakhs to meet his urgent business needs and issued the cheque bearing No.050383 dtd. 10/3/2012 for Rs.1.00 lakh drawn on ICICI Bank, Hyderabad Main Branch belonging to SS Electricals in favour of the respondent No.2 for repayment of loan amount and the said cheque was dishonoured for insufficient funds. Trial was conducted by the II Special Magistrate Hyderabad. When the case was posted for arguments, the petitioner-accused filed a petition under Sec. 254 (2) read with Sec. 311 Cr.P.C. for summoning the Branch Manager, ICICI Bank, Hyderabad main branch, Himayat Nagar, along with all the documents pertaining to account No.630505026294 of M/s.SS Electricals to prove that he was not concerned with the alleged cheque and alleged account. But the same was dismissed by the trial court.

(3.) Heard the learned counsel for the petitioner. There is no representation for the 2nd respondent.