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2018 Supreme(AP) 20

G.SHYAM PRASAD
P. Rama Mohana Rao – Appellant
Versus
Vijaya Adithya Agro Biotech Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T. Rama Koteswar Rao
For the Respondents: Nuthalapati Krishna Murthy

ORDER:

This criminal petition is filed under Section 482 of Cr.P.C., by the petitioner/A1 seeking to quash the proceedings against him in C.C.No.208 of 2008 on the file of Additional Judicial Magistrate of First Class, Chilakaluripet (for short, the trial Court).

2. The 1st respondent-complainant lodged a private complaint before the trial Court, under Section 200 Cr.P.C., stating that Accused No.2 approached him for purchasing of De-Oiled Rice Bran, in the name of the petitioner/A1, on credit basis, and the complainant accepted the proposal of accused No.2 and, thereafter, the complainant has sent the De-Oiled Rice Bran in vehicles on different invoices, and also maintained a Khata in the name of the accused. It is further stated that the accused Nos.1 and 2 received the De-Oiled Rice Bran on various dates but they failed to make payment. When the complainant demanded the accused to make payment, the accused No.2 issued a Cheque bearing No.333040 dated 15.05.2007 for Rs.2,00,000/- drawn on State Bank of India, Eluru Branch, as part-payment. The complainant presented the cheque in the Indian Bank, Chilakaluripet Branch, for encashment, but the cheque was returned on 26.05.2007 with a






















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