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NINALA JAYASURYA
Maata Rani – Appellant
Versus
Jangala Anil Kumar – Respondent
JUDGMENT
Ninala Jayasurya, J. - Heard Mr.P.Prabhakara Rao, learned counsel for the petitioner. Also heard learned Assistant Public Prosecutor for the 2nd respondent-State and Mr.Somisetty Ganesh Babu for the 1st respondent/de facto complainant.
2. The present Criminal Petition is filed seeking to quash the F.I.R.No.245 of 2020 on the file of the Nagarjuna Sagar Police Station, Guntur District, which is registered against the petitioner for the offences punishable under Ss. 379 and 420 of IPC. The 1st respondent lodged the said complaint, inter alia, stating that he filed a complaint on 4/8/2020 in the Nagarjuna Sagar Police Station that his Pass Book and Blank Cheques of State Bank of India, Brodipet, Guntur were missing, and that he obtained a certificate to that effect. Further, on receipt of a legal notice dtd. 10/12/2020, wherein it was intimated that a cheque was bounced and on verification of the cheque number, he noticed that it is one of the missing cheques. It is also alleged in the legal notice sent on behalf of the petitioner herein that he had obtained a loan of Rs.5, 00, 000.00 from the petitioner in the presence of one Istavath Hanuma Naik and Desavath Lakshma Naik and
Filing a criminal complaint with mala fide intention to abuse the process of law and avoid proceedings under Section 138 of the Negotiable Instruments Act is not permissible.
The court can quash a FIR and criminal proceedings if allowing them to continue would amount to an abuse of process of law.
Defenses to a charge under Section 138 of the Negotiable Instruments Act, such as duress and lack of consideration, are triable issues that cannot be adjudicated in a petition under Section 482 of th....
Dishonour of cheque – Consequences of scuttling criminal process at a pre-trial stage can be grave and irreparable.
Quashing of FIR is warranted when allegations do not establish prima facie legal ingredients for offenses, particularly under the Negotiable Instruments Act, following the requirements laid out in Se....
Statutory notice for cheque dishonor must be issued within prescribed time; failure or competence of complaint representative are factual matters for trial, not grounds for quashing under Section 482....
The settlement of a complaint and non-receipt of notices can lead to the quashing of an FIR under Section 138 of the Negotiable Instruments Act.
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