ANEES BEGUM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner-accused No.2 seeking to quash the proceedings against her in C.C.No.13021 of 2021 pending on the file of the learned Chief Metropolitan Magistrate at Nampally, Hyderabad (for short 'the learned trial Court') registered for the offences under Ss. 406, 420, 506 read with 120-B of the Indian Penal Code (for short 'IPC').

(2.) Heard Sri Habeeb Abubakar Alhamed, learned counsel for the petitioner-accused No.2 and Smt.S.Madhavi, learned Assistant Public Prosecutor for the State-respondent No.1. No representation on behalf of the respondent No.2. Perused the record.

(3.) Brief facts of the case are that the accused No.1 and the petitioner-accused No.2 are husband and wife, the accused No.3 is the brother of the accused No.1. The respondent No.2 and accused No.1 well acquainted with each other. Out of the said acquaintance, the accused No.1 borrowed an amount of Rs.43,00,000.00 on 7/9/2020 and Rs.20,00,000.00 on 10/9/2021, from the respondent No.2. The accused No.1 promised to repay the said amounts within short time. He also issued four cheques in favour of respondent No.2 vide Cheque Nos.000398, 000400, 000401, 000402, all dtd. 5/10/2020 for a sum of Rs.43,00,000.00 in total. Thereafter, the accused No.1 failed to repay the borrowed amounts and dodged the matter on one pretext or the other. In the meanwhile, the respondent No.2 presented the said cheques for encashment and the same were returned unpaid with an endorsement 'insufficient funds'. Hence, the Police have filed charge sheet against the accused Nos.1 to 3 for the above alleged offences.