KUMRAM SRINIVAS CHARI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This criminal petition is filed under Sec. 482 of Cr.P.C. by the petitioner/accused seeking to quash the complaint in S.T.C.No.1959 of 2021 on the file of XII Metropolitan Magistrate at Nampally, Hyderabad.

(2.) Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.

(3.) The brief facts of the case are that respondent No.2 herein has given a hand loan of Rs.10,00,000.00 to the petitioner/accused herein on 29/7/2017, upon which the petitioner has promised to repay the said amount with simple interest of @ 2%. It is stated that even after a lapse of one year the petitioner/accused did not repay the said amount. On the persistent requests for repayment of the loan amount, the petitioner has issued a cheque dtd. 28/12/2020 in favour of the 2nd respondent for a sum of Rs.10,00,000.00 and when the said cheque was presented before the Bank on 2/1/2021, it was returned with an endorsement of "Insufficient Funds" and on instructions of the petitioner, 2nd respondent had further represented the said cheque on 15/1/2021. But, the said cheque was again returned with an endorsement "payment stopped". Therefore, On 20/1/2021, respondent No.2 issued legal notice to the petitioner. Even though the same was received, the petitioner did not repay the said amount, as such, 2nd respondent has filed the complaint under Ss. 138 and 141 of Negotiable Instruments Act, 1881.