REENA GORLE Vs. TVN ENTERPRISES

JUDGEMENT

(1.) This criminal petition is filed by the petitioner/accused No.3 under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against her in STC N.I.No.7041 of 2022 pending on the file of XIV Additional Judge- cum-XVIII Additional Chief Metropolitan Magistrate at Secunderabad. The offences alleged against the petitioner are under Sec. 138, 141 and 142 of Negotiable Instruments Act (for short the 'N.I.Act').

(2.) The 1st respondent/1st respondent filed a complaint against accused No.1-M/s.Servomax Ltd., represented by its Directors and others including the petitioner/A.3 herein, alleging that the 1st respondent is in the business of purchase and sale of merchandise goods and A.1 to A.4 are in the business of manufacturing of Stabilizers, Power and Distribution Transformers, Isolation Transformers, Power Conditioners, Control Panels etc. The A.2 representing the A.1- company approached the 1st respondent for a hand loan of an amount of Rs.40.00 Lakhs for A.1's company business activities. The 1st respondent gave Rs.10.00 Lakhs from his personal account on 4/3/2020 and the balance amount from his firm's account. A.2 assured that the said amount will be returned to him within two months. When the 1st respondent insisted for return of the above amount, A.2 took the shelter of Covid-19 pandemic and lock down imposed by the Government. The 1st respondent when insisted for repayment, A.2 issued cheque bearing No.000925, on 29/7/2022 drawn on ICIC Bank, Jubilee Hills Branch. When the 1st respondent presented the said cheque in his bank it was returned on 26/8/2022 with an endorsement "funds insufficient". As such, the 1st respondent issued legal notice on 21/9/2022 and the same was acknowledged by A.2 on 22/9/2022. As, A.2 failed to repay the said amount, he filed the present complaint.

(3.) Heard Sri P.Surya Narayana Murthy, learned counsel for the petitioner, Ms. Himangini Sanghi, learned counsel appearing for the 1st respondent and Sri S.Ganesh, learned Assistant Public Prosecutor, appearing for the 2nd respondent-State.