K. SURENDER
Nirmala Infra Projects India Limited – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) is filed seeking to quash proceedings in C.C. No. 280 of 2016 on the file of I Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. The petitioners herein are accused in the said case. The offence alleged against them is under Section 138 of the Negotiable Instruments Act.
2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing for the State and perused the record.
3. The 1st petitioner is a Company and 2nd and 3rd petitioners are Directors of the 1st petitioner Company.
4. Briefly, the facts of the case are that the complainant Company carries on business in supplying stone ware glazed pipes (SWG) for underground drainage works. As the petitioners raised purchase orders, goods were supplied on various dates and as per the ledger account of the complainant as on 14.05.2014, the petitioners were due a sum of Rs.7 lakhs. Accordingly, to discharge the said debt, a cheque for Rs.7 lakhs was given by the petitioners which is dated 15.05.2014. The said cheque was presented for clearance and the same was returned by the Bank with an
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