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1992 Supreme(AP) 436

IYYAPU PANDURANGA RAO
Dynamatic Forgings India Ltd. – Appellant
Versus
Nagarjuna Investment Trusts Ltd. – Respondent


IYYAPU PANDURANGA RAO, J.

( 1 ) THE petition is directed under section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code to call for the records in C. C. No. 367 of 1991 on the file of the Metropolitan Magistrate, Hyderabad and to quash the same. The facts which are not in dispute are that the first petitioner is a company of which the second petitioner is the Director. In lieu of a hire purchase arrangement a cheque was issued by the first petitioner for Rs. 5 lakhs on 30/03/1991 on the Karnataka Bank, Bombay. The same was presented for encashment on 1-4-1991 and the same was bounced with an endorsement "funds expected, present again". The same was represented again in the Month of 19/05/1991 and on the second occasion too, it bounced with an endorsement "referred to drawer". As such having issued the statutory notice, the first respondent filed C. C. No. 367/91 on the file of the V Metropolitan Magistrate, Hyderabad under section 138 of the Negotiable Instruments Act. Thereupon the petitioners who are the accused, filed the present criminal petition under section 482 of the Code to quash C. C. 367/91 pending on the file of the V Metropolitan Magistrate,















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