LAWS(TLNG)-2023-2-71

RUPESH KUMAR AGARWAL Vs. STATE OF TELANGANA

Decided On February 13, 2023
Rupesh Kumar Agarwal Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/Accused No.3 to set aside the orders in Crl.M.P.No.442 of 2021 in C.C.No.520 of 2017, dtd. 16/9/2022 passed by the IX Additional Chief Metropolitan Magistrate, Hyderabad and quash the proceedings against petitioner/A3 in C.C.No.520 of 2017 on the file of IX Additional Chief Metropolitan Magistrate, Hyderabad.

(2.) Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.

(3.) The 2nd respondent filed complaint stating that they are manufacturers of gold jewelry. A1 approached them and placed orders for gold worth Rs.55,24,472.00. In discharge of the said outstanding against received ornaments, four cheques were given, out of which, two cheques were honoured. However, the other two cheques were returned unpaid for the reason of 'funds insufficient'. Aggrieved by the same, criminal complaint was filed. The police after investigation found that A1 having taking the gold ornaments in turn sold 600 grams to this petitioner and also gave 20 grams gold towards safe custody. For the said reason, he was charge sheeted for the offence under Sec. 411 of IPC.