SRINUBABU GEDELA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioners/accused Nos.2 to 4 in C.C.NI.No.8105 of 2022 on the file of the learned XI Metropolitan Magistrate, Manoranjan Complex, Nampally, Hyderabad, registered for the offence punishable under Sec. 138 read with 141 and 142 of the Negotiable Instruments Act, 1881 (for short 'NI Act').

(2.) The brief facts of the case are that respondent No.2/de facto complainant lodged a private complaint under Sec. 200 of Cr.P.C before the learned XIV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, stating that accused No.1 is a Company i.e., M/s. Omics International Company, accused No.2 is the Ex-Managing Director and accused Nos.3 and 4 are the Directors of accused No.1- Company. The petitioners/accused Nos.2 to 4were responsible for the day to day affairs and the conduct of the business of accused No.1-Company. It is further stated that accused No.1 entered into three separate lease deeds which came into effect on 8/10/2014, 1/8/2014 and 1/4/2017 in respect of 6th, 7th and 15th floors of Block 6-South Towner of Orion SEZ, Raidurgam Divya Sree NSL Special Economic Zone (SEZ) Campus, Hyderabad, respectively, for running the said company. It is further stated that the petitioners being the Directors of accused No.1-Company are responsible to pay the monthly rentand maintenance charges to respondent No.2.

(3.) It is further stated that the petitioners defaulted in making the payments pertaining to all leased premises from October 2018. Therefore, respondent No.2 sent legal notice to the petitioners to that effect. Though the petitioners sent reply to the aforesaid notice but as they failed to pay the dues, the lease deeds were terminated vide notice dtd. 24/4/2019. Admittedly, it is a fact that petitioner No.1/accused No.2 was actively involved in the day to day affairs of accused No.1 - Company and defaulted in paying the rents, petitioner Nos.2 and were aware about the same. As on 24/4/2019, the outstanding debt was Rs.5,96,94,279.00. After several requests, petitioner No.1 issued four post dated cheques on 27/4/2019 vide cheque bearing Nos.014604 and 014605 dtd. 15/5/2019 and Cheque bearing Nos.014607 and 014608 dtd. 30/5/2019respectively, each for an amount of Rs.1,25,34,994.00.