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2006 Supreme(AP) 771

A.GOPAL REDDY
Intech Net Limited – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
P. Sri Raghu Ram, for Petitioners; Public Prosecutor, for Respondent No. 1; Milind G. Gokhale, Advocate, for Respondent No. 2 (in both the petitions).

Judgement

Cri. P. No. 2591 of 2004 is filed to quash the proceedings in C. C. No. 1059 of 2004 pending on the file of XVII Metropolitan Magistrate, Hyderabad. Whereas, Cri. P. No. 4523 of 2004 is filed to quash the proceedings in C. C. No. 843 of 2004 pending on the file of V Metropolitan Magistrate, Hyderabad. In both the C. Cs. proceedings were initiated against the petitioners for the offence punishable under Section 138 of Negotiable Instruments Act.

2. Since the parties in both the petitions are same and as the issue involved in both the petitions is common, they are heard together and are being disposed of by this common order.

3. In these two petitions, a short question, but important, that arises for consideration is whether a self-cheque, if dishonoured, will attract the offence under Section 138 of the Negotiable Instruments Act (for short 'the Act').

4. The petitioners are accused 1 to 4 and the second respondent is the de facto complainant in both the petitions. A.1 is M/s. Intech Net Limited and A.2 to A.4 are its Directors. In the complaint, the second respondent alleged that the petitioners approached him, expressed their personal difficulties and sought for financial as
































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