GARAPATI SRUJAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioner in C.C.No.5548 of 2022 on the file of the learned VI Metropolitan Magistrate, Manoranjan Complex, MJ Road, Nampally, Hyderabad, registered for the offences punishable under Sec. 138 of Negotiable Instruments Act, 1881.

(2.) Brief facts of the case are that respondent No.2/de facto complainant lodged a private complaint under Sec. 200 Cr.P.C stating that he is an Advocate and in the year 2017, the petitioenr, who is the Managing Director of M/s. Sri Vinayaka Paper and Boards Limited, approached him in a case pertaining to the aforesaid company before the National Company Law Tribunal and availed legal services. The petitioner and respondent No.2 got acquaintance with each other. In the year 2019, the petitioner approached respondent No.2 for hand loan of Rs.25,00,000.00 to meet his personal expenses. The receipt of the said amount has been duly acknowledged by the petitioner by executing a promissory note with a promise to repay the said amount within a period of two (2) months. After two months, on several demands, the petitioner issued two cheques bearing Nos.000014 and 000015 for an amount of Rs.15,00,000.00 and Rs.10,00,000.00 respectively. It is further stated that the petitioner requested respondent No.2 to present the said cheques after 15 days from the date of issuance of the cheques. On his request, respondent No.2 presented the same after 15 days in the bank and the same were dishonored with an endorsement 'Insufficient Funds'. It is further stated that the petitioner issued the cheques to respondent No.2 in discharge of a legally enforceable debt purportedly with an intention to cheat him.

(3.) Basing on the said complaint, respondent No.2 filed the private complaint before the learned VI Metropolitan Magistrate, Manoranjan Complex, MJ Road, Nampally, Hyderabad. The present case pertains to cheque bearing No.000014 dtd. 6/4/2020 for an amount of Rs.15,00,000.00 and the same numbered as C.C.No.5548 of 2022.