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K. SUJANA
Ghanshyam Surajbhali Kurmi – Appellant
Versus
State of Telangana – Respondent
ORDER :
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the proceedings against the petitioner/accused No.2 in C.C.No.489 of 2018 on the file of the learned XI Additional Chief Metropolitan Magistrate, City Criminal Court, Secunderabad, registered for the offences punishable under Section 142 of the Negotiable Instruments Act, 1881 (for short ‘the Act’).
2. Brief facts of the case are that respondent No.2/de facto complainant lodged a private complaint under Section 200 Cr.P.C. before the XI Additional Chief Metropolitan Magistrate, City Criminal Courts, Secunderabad, stating that it is a Private Limited Company doing business of trading of various chemicals. Due to the acquaintance, the petitioner has approached respondent No.2 for supply of Acetone of 16,000 KGs and accordingly, he purchased the said Acetone and raised tax invoice for Rs.8,33,425/- and the material was also delivered him. As per the purchase order, the petitioner issued two cheques bearing Nos.002074 and 002075 for an amount of Rs.4,33,425/- and Rs.4,00,000/- respectively. Respondent No.2 presented the said cheques in the bank but the same were di
Criminal proceedings under Section 138 of the Negotiable Instruments Act are independent of insolvency proceedings and cannot be quashed due to a company's liquidation status.
The proceedings under the IBC and the proceedings under Section 138 of the NI Act are of different nature and purpose, and the criminal prosecution under Section 138 of the NI Act would not stand ter....
The nature of proceedings under the IBC and the NI Act is different, and the criminal prosecution under Section 138 of the NI Act would not stand terminated by the operation of the provisions of the ....
The High Court cannot resolve factual disputes in a quashing petition under Section 482 of the Code of Criminal Procedure, as such matters must be determined by the trial court.
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