BEGARI VENKATESH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) These transfer criminal petitions have been filed invoking the provisions of Sec. 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS') seeking transfer of S.T.C.No.31 of 2022 on the file of the Metropolitan Magistrate at Peddapalli and S.T.C.No.5288 of 2022 on the file of the VIII Metropolitan Magistrate, Manoranjan Complex, near Exhibition Grounds, Nampally, Hyderabad, to the Court of XXII Metropolitan Magistrate at Secunderabad to be tried along with S.T.C.No.5087 of 2022.

(2.) Facts giving rising to filing of these transfer criminal petitions briefly stated are that respondent No.3 filed complaint under Ss. 190(1)(9) and 200 of Cr.P.C., in S.T.C.No.31 of 2022 on the file of the Metropolitan Magistrate at Peddapalli and respondent No.2 filed S.T.C.No.5288 of 2022 on the file of the VIII Metropolitan Magistrate, Nampally and respondent No.4 filed S.T.C.No.5087 of 2022 on the file of the XXII Metropolitan Magistrate, Secunderabad, against the petitioner herein for the offences under Ss. 138 and 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to, as 'NI Act'). In the above said cases, they averred that respondent No.2 is owner and possessor of open land in Sy.Nos.638 and 639 to an extent of Ac.0.10 guntas and Ac.4.26 guntas, totally Ac.4.36 guntas, situated at Kanduwada village of Chevella Mandal, Ranga Reddy District, and the same was purchased through registered sale deeds vide bearing documents No.1686 dtd. 26/4/2003 and 1689 dtd. 26/4/2003. Respondent No.3 is the husband of respondent No.2 and respondent No.2 executed Special Power of Attorney in favour of respondent No.4, who is none other than her brother in respect of the above said property. The petitioner had purchased the property from respondent No.4 and accordingly, the petitioner and respondent No.4 have entered Memorandum of Understanding (MoU) on 6/2/2021 at Hyderabad. The petitioner purchased the above said property for an amount of Rs.36.00 lakhs per acre. The total extent of land i.e., Ac.4.36 guntas, was agreed to purchase for total sale consideration of Rs1,76,40,000/-. The petitioner requested respondent Nos.2 to 4 to register the part of the land to an extent of Ac.1.20 guntas in Sy.No.639 of Kanduwada village of Chevella Mandal, Ranga Reddy District, for an amount of Rs.26.00 lakhs and accordingly, he issued Cheque No.630560 for an amount of Rs.12,50,000.00 in favour of respondent No.2, Cheque No.630563 for an amount of Rs.7,00,000.00 in favour of respondent No.3, Cheque Nos.630558 and 630559 dtd. 24/10/2021 for an amount of Rs.17,50,000.00 in favour of respondent No.4 and respondent No.2 executed sale deed vide bearing No.4065 of 2021 dtd. 9/9/2021 in favour of the petitioner. Respondent Nos.2 to 4 have presented the above said cheques and the same were dishonoured for the reasons 'funds insufficient'. Thereafter, respondent Nos.2 to 4 have filed the above S.T.C. Cases as mentioned supra.

(3.) Heard N. Bhujanga Rao, learned counsel for the petitioner, Ms. Laeeq Unnisa Begum, learned counsel for respondent Nos.2 to 4 and learned Additional Public Prosecutor appearing for respondent No.1 State.