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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.SREENIVAS RAO
Vijaya Laxmi Agarwal – Appellant
Versus
SBPL Infrastructure Limited – Respondent
| Table of Content |
|---|
| 1. facts of the loan and cheque issuance. (Para 2) |
| 2. petitioner's defenses against liability. (Para 4) |
| 3. respondent's arguments supporting complaint. (Para 5) |
| 4. court's factual analysis of notifications. (Para 6 , 7 , 8) |
| 5. legal principles regarding liability under n.i. act. (Para 9 , 10 , 11 , 12) |
| 6. court's dismissal of petition. (Para 13 , 14) |
ORDER :
J. SREENIVAS RAO, J.
This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) by the petitioner/accused seeking to quash the proceedings in C.C. No.142 of 2019 on the file of the XIX Special Magistrate, Erramanzil at Hyderabad, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the N.I. Act’).
2. Brief facts of the case:
2.1 Respondent No.1 is SBPL Infrastructure Limited, being represented by its Managing Director Mr.Gowri Shanker Gupta, filed a complaint against the petitioner stating that in the first week of March 2017, Mr. Satyajit Agarwal, who is none other than the husband of the petitioner, approached the respondent No.1 and requested a loan of Rupees One Crore to meet his financial needs.
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