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2024 Supreme(Online)(AP) 7598

HIGH COURT OF ANDHRA PRADESH
B S BHANUMATHI
DR. TALLURI SWATHI – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent


ORDER:

This criminal petition under Section 482 CrPC is filed with a prayer to quash the proceedings against the petitioner herein in C.C.No.322 of 2018 on the file of the Court of II Additional Junior Civil Judge, Narasaraopet, Guntur District (which was originally numbered as C.C.No.325 of 2017 on the file of the Court of I Additional Munsif Magistrate, at Narasaraopet, Guntur District) registered for the offence under Section 138 of the Negotiable Instruments Act, 1881.

2. Heard Sri O. Manoher Reddy, learned senior counsel representing O M R Law Firm for the petitioner and Sri Nallapati Lakshminarayan, learned counsel appearing for the 2nd respondent/

de facto complainant.

3. The facts leading to filing of this petition are briefly as follows: (a) The petitioner is the accused in C.C.No.322 of 2018 (new) {C.C.No.325 of 2017 (old)} which was filed under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”) by the 2nd respondent herein. The case of the 2nd respondent is that the petitioner/accused, for her family expenses, borrowed certain amounts from the complainant, viz., (i) an amount of Rs.5,00,00,000/- (Rupees five crores only)

on 28.11.2014 through HDFC cheque bearing

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