RAFEEQ AKBANI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Criminal Petition No.1690 of 2018 is filed by A1 and Criminal Petition No.1689 of 2018 is filed by A2 and A3 for quashing the proceedings against them in Crime No.109 of 2017 pending investigation before the CCS, Hyderabad.

(2.) The defacto complainant approached the Commissioner of Police, CCS and filed written complaint on 21/7/2017 which was registered for the offence under Ss. 420 and 406 r/w 34 of IPC. It is alleged in the complaint that the petitioners approached the defacto complainant for purchase of refined edible oils. Petitioners promised to pay cost of the supplied material within 15 days from the date of supply and also assured interest at the rate of 24% per annum if the payment goes beyond the promised date. Believing the representation and assurance given by the petitioners, from 20/12/2014 to 6/2/2015 against 9 invoices, oil was supplied. Prior to the said transactions initially amounts were paid within time from the date of purchase and thereafter started making payments belatedly and callously. Thereafter, the petitioners denied to payment of major amounts. On verification of the accounts, the total outstanding was Rs.1,00,24,069.00. For not paying the said amount, the defacto complainant suffered mental stress.

(3.) Thereafter, the 2nd respondent persuaded the petitioners for issuance of cheques. The chques which were issued by the petitioners when presented for clearance were returned unpaid by the bank with an endorsement 'insufficient funds'. Intimation was given of the said dishonour and complaints were also filed under Sec. 138 of the Negotiable Instruments Act.