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2023 Supreme(AP) 138

K. SREENIVASA REDDY
M. Kalpana – Appellant
Versus
Balaji Finance – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ramakrishna Akurathi.
For the Respondent: G. Jagadeeswar.

ORDER :

1. This Criminal Petition, under Section 482 of the Code of Criminal Procedure 1973, is filed by A2 in C.C. No. 97 of 2018 pending on the file of the Spl. Judicial Magistrate of First Class, Mobile Court, Chittoor, to quash the proceedings in the above Calendar Case.

2. Brief facts of the case are as follows:

    The respondent No. 1 herein filed complaint for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short “the N.I. Act”) in the Court below against A1 and A2, who are husband and wife respectively. A2 is the petitioner herein. It is the case of the complainant/respondent No. 1 herein that both A1 and A2 have jointly availed loans from it, on various dates from 13.9.2010 to 08.9.2012 to a tune of Rs. 30,00,000/- (Rupees Thirty Lakhs only) in total and for the repayment of the same, they have executed a demand promissory note on 08.9.2012. On demand for repayment, the Accused No. 1 who is the husband of A2 the petitioner herein issued a cheque for Rs. 32,50,000/- (Rupees Thirty Two Lakhs Fifty Thousand only) drawn from their joint account maintained in Karoor Vysya Bank Limited on 12.8.2015. The said cheque when was presented by the compla

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