IMPORTANT POINT
The court has the power to quash proceedings if they conclude that allowing the proceeding to continue would be an abuse of process of the Court.

JUDGMENT

1. This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C") by the petitioner/A.3 seeking to quash the proceedings in Crime No.249 of 2013 of I Town Police Station, Nellore, registered for the offence under Ss. 403, 419 and 420 IPC.

2. The gist of the allegations set out in the said report germane for disposal of the criminal petition may be stated as follows:

(i) On 10/12/2013 the 2nd respondent/Assistant General Manager, State Bank of India gave a complaint to the I Town Police, Nellore alleging that a cheque was issued by A.2-Akkireddy Konda Reddy, Proprietor of M/s.S.R.Enterprises/A.1 firm for Rs.4,70,634.00 in favour of "Cholamandal Investment and Finance Company Limited". The cheque was inadvertently passed for payment by the 2nd respondent-Bank on 17/10/2012 while clearing through ICICI Bank, Nellore. After coming to know about the erroneous payment made by the bank, the 2nd respondent-bank addressed a letter to A.1 to A.3 requesting to repay the amount which was credited in the loan account of A.2. Taking undue advantage, they have not repaid the same. When the Bank officials visited the house of A.2 many times, he was not available, though he is liable to pay the amount to the bank. Hence, the 2nd respondent gave a report for taking appropriate action against A.1 to A.3. On the basis of the same, a case in Crime No.249 of 2013 was registered in I Town Police Station, Nellore against M/s.S.R.Enterprises-A.1 firm, Akkireddy Konda Reddy/A.2, who is the Proprietor of A.1 firm and the Manager, Cholamandal Investment and Finance Company Limited/A.3, for the offences punishable under Ss. 403, 419 and 420 IPC.

(ii) The 2nd accused, who is the Proprietor of A.1-firm availed a loan from the petitioner/A.3 company for an amount of Rs.6,40,000.00 vide loan agreement No.XSHUNLR 00000555161, dtd. 31/1/2011 and issued a cheque bearing No.323656 dtd. 8/10/2012 for an amount of Rs.4,70,634.00 to discharge their liability. The said cheque was presented by petitioner/A.3 through ICICI Bank, Nellore, for clearance and the amount was credited into the loan account of A.1 and A.2. The alleged transaction took place on 18/10/2012. The 2nd respondent-Bank, without taking any steps, to realize their amount from A.1 and A.2, resorted to file the present complaint after lapse of 14 months for the reasons best known to the 2nd respondent-Bank and sent a letter dtd. 15/2/2013 requesting A.3-Company to return the cheque amount of Rs.4,70,634.00 for which A.3-Company has issued a reply letter dtd. 18/2/2013 stating that the loan account was closed and they are not in a position to return the said amount. During the pendency of the investigation, the present Criminal Petition is filed by the Petitioner/Accused No.3 to quash the proceedings against him in the above crime.

3. Learned counsel for the Petitioner/A.3 would submit that the Petitioner/A.3 is not at all responsible for the entire transaction and even to repay the amount to the 2nd respondent-bank. If at all the officials of the 2nd respondent-Bank inadvertently cleared the cheque and credited the amount to the loan account of A.2, it is their duty to proceed against A.1 and A.2. He would further submit that continuation of criminal proceedings against the petitioner/A.3 is an abuse of process of the Court. Therefore, he prays to quash the FIR against petitioner/A.3.

4. The learned Assistant Public Prosecutor would submit that though all the accused are having knowledge that A.1 and A.2 have insufficient funds in their account, directed petitioner/A.3 to present the cheque for collection and inadvertently, the 2ndrespondent-Bank cleared the cheque. Immediately after noticing the same, 2nd respondent-Bank requested A.1 and A.2 and petitioner/A.3 to repay the same, but on several reminders, they did not respond to repay the same. Therefore, the allegations in the complaint disclose the necessary ingredients for the commission of the of