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2017 Supreme(AP) 380

B.SIVA SANKARA RAO
Sesham Rao Niranjan – Appellant
Versus
Andhra Pradesh, Rep. by its Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri R.Siva Sai Swaroop
For the Respondents: Public Prosecutor Sri Vikram Poosala

ORDER :

1. The self-same petitioner Sesham Rao Niranjan of the 5 quash petitions supra, outcome of the 5 private complaints, is the accused filed by the respective complainants by name Kum. Vidhi Mital D/o Sri Vijay Mittal viz; in C.C.No.354 of 2015 (old C.C.No.734 of 2015) (in Crl.P.No.8414 of 2016), Smt. Manju Mittal W/o Vijay Mittal in C.C.No.353 of 2015 (old C.C.No.733 of 2013) (in Crl.P.No.8691 of 2016), 3) M/s Vijaya Mittal(HUF) represented by its Kartha Vijay Mittal in C.C.No.281 of 2015 (old C.C.No.363 of 2014) (in Crl.P.No.8692 of 2016), 4) M/s C.L.Mittal(HUF) rep. by its Kartha Sri C.L.Mittal in C.C.No.277 of 2015(old C.C.No.351 of 2014) (in Crl.P.No.8695 of 2016) and 5) Sri Vidhan Mittal s/o Vijay Mittal in C.C.No.326 of 2015(old C.C.No.610 of 2014) (in Crl.P.No.8706 of 2016) all the cases on the file of the VI Spl.Magistrate Court at Visakhapatnam, for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act.

2. The quash petition averments common in the 5 petitions impugning the cognizance taken by the learned Magistrate and its sustainability are that as per Section 138 of the Negotiable Instruments Act, the complaint must be in writing made













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