A.B.IMPEX Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Revision Case is filed aggrieved by the judgment dtd. 6/4/2015 in Criminal Appeal No.137 of 2013 on the file of the learned III Additional Metropolitan Sessions Judge, at Hyderabad (for short, "the appellate Court") in confirming the judgment dtd. 8/11/2012 in C.C.No.516 of 2011 (old C.C.No.461 of 2011) on the file of the learned IV Special Magistrate, at Hyderabad (for short, "the trial Court").

(2.) Heard Ms. Padmalatha Yadav, learned counsel Amicus Curiae appearing on behalf of petitioners, Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing for respondent No.1-State and Ms. Pallavi, learned Standing Counsel for respondent No.2 appearing on-line.

(3.) The brief facts of the case are that respondent No.2/complainant is the Indian Overseas Bank constituted under the Banking Companies Act. Petitioner No.2/accused No.2 is Proprietor of petitioner No.1/accused No.1 concern. The complainant filed a suit for recovery of money against accused before the Debt Recovery Tribunal vide O.A.No.51 of 2007. The accused approached the Bank for O.C.S. of the above suit. Considering the request of the accused, the bank agreed for O.C.S. for which accused No.2 issued cheque for Rs.15,00,000.00 dtd. 10/11/2010 who is proprietor of accused No.1. On presentation, the said cheque was bounced with an endorsement, 'account freezed, do not present again'. Thereafter, the complainant issued a statutory notice as provided under Sec. 138 B of the Negotiable Instruments Act (for short, "NI Act"). But the notices were returned with an endorsement 'party left' and no response. Hence, the present complaint.