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2022 Supreme(AP) 1152

K. SREENIVASA REDDY
P. Bhavana Rao – Appellant
Versus
State of Andhra Pradesh – Respondent


JUDGMENT

1. This Criminal Petition, under Sec. 482 of the Code of Criminal Procedure 1973, is filed by A1/the petitioner herein to quash the proceedings in C.C.No.5836 of 2021 on the file of the Court of the V Additional Junior Civil Judge, Guntur.

2. Brief facts of the case are as follows; The respondent No.2 herein filed a complaint against the petitioner and another for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short "the N.I. Act") in the Court below. It is stated in the said complaint that complainant is a Trust, registered under the Indian Trust Act, 1882, bearing No.276/1991-92, dtd. 4/7/1991 and is running Medical Education Institutions. The complainant is represented by its Director, who is authorized to prosecute the complaint against the accused on behalf of the complainant-Trust. The Accused No.2 representing himself as General Power of Attorney (G.P.A.) holder of Accused No.1 approached Sri Katuri Subba Rao, Managing Trustee of the Complainant-Trust and offered to sell the land belonging to the Accused No.1 admeasuring Ac.3.23 guntas situated at Survey No.145/2 of Pattandur Agrahara Village, K.R.Puram Hubli, Bangalore East Taluk.

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