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DUPPALA VENKATA RAMANA
P. Pramod Deepak Chaitanya – Appellant
Versus
State of Andhra Pradesh – Respondent
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
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.
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....
Vicarious liability under the N.I. Act requires the company to be a party; absence of the company invalidates proceedings against the individual.
The central legal point established in the judgment is the court's authority to exercise inherent powers under Section 482 of the Code to quash criminal proceedings when the material produced by the ....
Vicarious liability applies to partners in a firm under Section 141 of the Negotiable Instruments Act, making them accountable for cheques issued by the firm, irrespective of individual management in....
Dishonour of cheque – Consequences of scuttling criminal process at a pre-trial stage can be grave and irreparable.
The absence of specific allegations against the petitioner in a criminal complaint warrants quashing of proceedings under Section 482 of Cr.P.C. to prevent abuse of process.
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.
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