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2010 Supreme(AP) 113

SAMUDRALA GOVINDARAJULU
Koppula Ramachandra Rao – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
M. Srinivasa Rao

JUDGMENT

(1) This petition is filed by the accused under Section 482 Cr.P.C for quashing proceedings in CC No.406 of 2006 on the file of Judicial Magistrate of the First Class, Chintapalli relating to offence punishable under Section 420 I.P.C.

(2) It is alleged that the petitioner obtained hand loan of Rs.30,000/- prior to 30.9.2004 and that at the instance of group of elders, the petitioner issued cheque dated 30.9.2004 in favour of the 2nd respondent/ defacto-complainant for Rs.30,000/- on State Bank of Hyderabad, Errampeta Branch, Khammam District and that the said cheque was dishonoured. Thereupon, the 2nd respondent filed CC No.226 of 2005 before the Judicial Magistrate of the First Class, Narasipatnam for offence punishable under Section 138 of the Negotiable Instruments Act against the petitioner. Subsequently, at the instance of the 2nd respondent the police filed CC No.514 of 2005 against the petitioner in the same Court at Narsipatnam alleging offence punishable under Section 420 I.P.C. After establishment of Magistrate Court at Chintapalli, CC No.514 of 2005 was transferred to Chinatapalli Magistrate Court and it was renumbered as CC No,406 of 2006. It is not disputed in





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