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SUJANA KALASIKAM
Garapati Srujan – Appellant
Versus
State of Telangana – Respondent
ORDER :
(Sujana Kalasikam, J.)
1. 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 in C.C.No.5546 of 2022 on the file of the learned VI Metropolitan Magistrate, Manoranjan Complex, MJ Road, Nampally, Hyderabad, registered for the offences punishable under Section 138 of Negotiable Instruments Act, 1881.
2. Brief facts of the case are that respondent No.2/de facto complainant lodged a private complaint under Section 200 Cr.P.C stating that he is an Advocate and in the year 2017, the petitioner, who is the Managing Director of M/s. Sri Vinayaka Paper and Boards Limited, approached him in a case pertaining to the aforesaid company before the National Company Law Tribunal and availed legal services. The petitioner and respondent No.2 got acquaintance with each other. In the year 2019, the petitioner approached respondent No.2 for hand loan of Rs.25,00,000/- to meet his personal expenses. The receipt of the said amount has been duly acknowledged by the petitioner by executing a promissory note with a promise to repay the said amount within a period of two (2) months. After two months,
The inherent jurisdiction under Section 482 Cr.P.C. should be exercised sparingly, and the trial court must determine the existence of a legally enforceable debt.
The court emphasized that the inherent jurisdiction under Section 482 Cr.P.C. should not be used for a prima facie decision without sufficient material, and the nature of the transaction must be exam....
Vicarious liability under the N.I. Act requires the company to be a party; absence of the company invalidates proceedings against the individual.
The initiation of proceedings under Section 138 of the Negotiable Instruments Act is not barred by the concurrent filing of a civil suit for recovery of the same amount.
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....
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