VELLANKI VENKATA KRISHNA RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.606 of 2017 on the file of the X Metropolitan Magistrate, Kukatpally at Miyapur.

(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 read with 141 and 142 of the Negotiable Instruments Act, 1881 (for short "the Act"), alleging that the petitioner/accused, who is his childhood and family friend, approached and requested him for a hand loan of Rs.10,00,000/- for his business requirements. Considering the said request, the 2nd respondent has transferred an amount of Rs.10,00,000/- through RTGS from his bank account to the bank account of the petitioner/accused bearing No.HDFCH 12160450768 on 08.06.2012. To acknowledge the said amount, on 05.11.2013, the petitioner/accused executed hand loan agreement and also promissory notes agreeing to repay the said amount within six months with interest at 3% per month. Though the 2nd respondent made several requests, the petitioner/accused failed to repay the said amount. On much persuasion, in the second week of March, 2017, the petitioner/accused issued post dated cheques bearing No.093830 for Rs.10,00,000/- dated 08.04.2017 and No.093831 for Rs.5,00,000/- dated 08.04.2017 drawn on Axis Bank Limited, Gachibowli Branch, Hyderabad. When the said cheques were presented in the account of the 2nd respondent in HDFC Bank, Kavuri Hills Branch, Cyberabad, for realization, the same were returned unpaid with an endorsement "Payment Stopped by Drawer". After complying with all the requirements as contemplated under the Act, a private complaint came to be filed by the 2nd respondent herein, which was taken cognizance as C.C.No.606 of 2017. The present Criminal Petition is filed to quash the proceedings in the above C.C.

(3.) Notice sent to the 2nd respondent by "Registered Post with Acknowledgment Due" was returned as un-claimed. Taking it as deemed service in view of the provisions of General Clauses Act, the present Criminal Revision Case is disposed of after hearing the learned counsel for the petitioner/accused and learned Additional Public Prosecutor.