J. MURALI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner, who is accused in C.C.No.135 of 2018 on the file of the XII-Special Magistrate, L.B.Nagar at Hasthinapuram, Ranga Reddy District, filed this Criminal Petition under Section 482 Cr.P.C. to set aside Ex.P1, Ex.P4 and Ex.P5, which were marked on behalf of the 2nd respondent/complainant in the above C.C.

(2.) The brief facts of the case are that the 2nd respondent herein filed a private complaint against the petitioner/accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act"), alleging that the petitioner/accused, approached and requested him to advance a sum of Rs.2,00,000/- for the purpose of purchasing a Car. Considering the said request, the 2nd respondent has advanced the loan amount of Rs.2,00,000/- on 11.04.2016. After receiving the said amount, the petitioner/accused executed a demand promissory note in favour of the 2nd respondent agreeing to repay the same with interest and that he has paid the interest component from 11.04.2016 to 11.02.2017 and for payment of principal amount, the petitioner/accused issued a cheque bearing No.111157 dated 19.07.2018 for Rs.2,00,000/- drawn on IDBI Bank, Mansoorabad Branch. When the said cheque was presented in the account of the 2nd respondent in State Bank of India, Arunodaya Nagar Branch, Nagole, Hyderabad, for realization, the same was dishonoured due to "funds insufficient". After complying with all the requirements as contemplated under the Act, a private complaint came to be filed by the 2nd respondent herein. When the evidence of the 2nd respondent/complainant (P.W.1) was completed, the present Criminal Petition came to be filed to set aside certain exhibits, which were marked on behalf of the 2nd respondent.

(3.) Heard learned Counsel for the petitioner/accused, learned Additional Public Prosecutor for the 1st respondent and the learned Counsel appearing for the 2nd respondent/complainant.