K.C.M. KUMAR Vs. CH. BUIJI

JUDGEMENT

(1.) This criminal petition is filed under Sec. 482 Cr.P.C to quash the proceedings against the petitioner/A-2 in C.C.No.1045 of 2013, on the file of the learned X-Metropolitan Magistrate, Cyberabad at Malkajgiri, Ranga Reddy District.

(2.) Heard learned counsel for the petitioner-A-2. None appears for the first respondent-complainant. Perused the material on record.

(3.) The first respondent filed a complaint before the learned X-Metropolitan Magistrate, Cyberabad, at Malkajgiri, Ranga Reddy District against petitioner-A-2 and another (A-1) for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') stating that A-1 is a company and A-2 is its Managing Director. The complainant worked as Assistant Manager in A-1 company for a period of 8 years on a monthly salary of Rs.20,000.00. A-2 has not paid the salary to the complainant properly and fell due an amount of Rs.1,42,834.00 and as a result, he was forced to leave the company. After several request and demands, A-2 has settled the account of the complainant and issued a cheque bearing No.080070 for Rs.99,520.00 dtd. 16/1/2012 drawn on ICICI Bank, Khairatabad, Hyderbad towards part payment of salary. When the complainant presented the said cheque number of times in the bank for encashment, as per the instructions of A-2, but all the time it was returned dishonoured. Finally, the said cheque was returned with a cheque return memo dtd. 28/5/2012 with an endorsement 'funds insufficient'. The complainant got issued legal notice dtd. 15/6/2012 to the accused, who, having received the same, neither replied to the notice nor paid the amount. Later, the complainant filed complaint under Sec. 138 of the Act along with a petition to condone the delay of 140 days in filing the complaint after dismissal of the private complaint filed against the accused for the offences punishable under Sec. 406, 420 and 409 IPC.