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2017 Supreme(AP) 7

M.SATYANARAYANA MURTHY
Preetesh Kumar – Appellant
Versus
State of Telangana – Respondent


Advocates Appeared:
For the Petitioner: M/s. Pratap Narayan Sanghi.
For the Respondent: B. Chandrasen Reddy.

JUDGMENT :

1. This petition is filed under Section 482 Cr.P.C. to quash the proceedings dated 24.06.2016 in Crl. R.P. No. 111 of 2016 passed by the IV Additional Metropolitan Sessions Judge, Hyderabad, whereby confirmed the order dated 18.04.2016 in Crl. M.P. No. 1704 of 2015 in C.C. No. 33 of 2014 of the IX Special Magistrate Court, Hyderabad.

2. The petitioner is the accused in C.C. No. 33 of 2014 on the file of the IX Special Magistrate Court, Hyderabad, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the Act’). The 2nd respondent is the complainant and filed a private complaint against the petitioner/accused for the offence punishable under Section 138 of the Act, contending that there is a legally enforceable debt and that the cheque was issued towards discharge of legally enforceable debt, which was dishonoured on presentation. Thereafter, he issued notice in compliance of Section 138 of the Act demanding the petitioner/accused to pay the amount covered by cheque. But, the accused failed to pay the same. Thereby, he filed the complaint before the trial Court. The allegation in the complaint is that one Dwaraka Prasad Agarwal, fat







































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