P. AMARENDHAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner-accused filed the present Criminal Petition under Section 482 of Cr.P.C., to quash the proceedings in C.C.No.167 of 2012 on the file of the IX Special Magistrate, Hyderabad.

(2.) The 2nd respondent/complainant filed a private complaint against the petitioner/accused under Section 200 of Cr.P.C. It is alleged in the complaint that the 2nd respondent/complainant and the petitioner/accused, who is the Managing Director of RELQUASAR TECH SERVICES private Limited, are friends and that the petitioner/accused borrowed an amount of Rs.6,75,000/- from the 2nd respondent/complainant, on 25.05.2011, for his business purpose agreeing to return the said amount within one week i.e., by the 2nd day of June, 2011 and issued a cheque bearing No.027369 dated 25.05.2011 drawn on IDBI Bank, Amberpet, Hyderabad, in his favour. In the first week of June, 2011 the said cheque was presented by the 2nd respondent through his banker for realization, but the same was returned with an endorsement "funds insufficient". When the same was informed to the petitioner/accused, he stated that the amount was not adjusted and requested him to wait for a further period of four months and assured that he will repay the whole amount along with interest. Believing the same, the 2nd respondent again presented the cheque in Andhra Bank, Hyderabad, in the first week of October, 2011, but the same was returned with an endorsement "insufficiency of funds". Therefore, the 2nd respondent/complainant got issued a legal notice on 31.10.2011. As the petitioner/accused failed to pay the cheque amount, the 2nd respondent filed a complaint against the petitioner/accused for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and the same was taken on file as C.C.No.167 of 2012.

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