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2024 Supreme(Online)(AP) 18902

HIGH COURT OF ANDHRA PRADESH
VENKATA JYOTHIRMAI PRATAPA, J
UPPALAPATI YASODHAR – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent


Advocates:
PARSA ANANTH NAGESWAR RAO, Y SUBRAHMANYAM, PUBLIC PROSECUTOR (AP)

ORDER

The instant petition under Section 482 of Code of Criminal Procedure, 1973, [for short ‘Cr.P.C’], has been filed by the Petitioner/Accused seeking to quash the proceedings against him in C.C.No.245 of 2017 on the file of Special Magistrate Court, Nuzvid for the offence under Sections 138, 141 and 142 of the Negotiable Instruments Act, 1881, [for short ‘N.I.Act’] and Section 420 of Indian Penal Code, 1860, [for short ‘ IPC’]

2. The facts of the case, in epitome, are as follows:

a) The Petitioner/Accused borrowed an amount of Rs.12.00 lakhs from the original complainant on 28.01.2013 and executed a promissory note to that effect. Thereafter, the Accused failed to discharge the said debt. After repeated demands made by the Complainant, the Accused had issued a cheque bearing No.176894 dated 27.12.2013 for Rs.14,64,000/- payable at Karur Vysya Bank Limited, Poranki Branch towards discharge of the said debt. On presentation of the said cheque before State Bank of Hyderabad, Nuzvid branch on 31.12.2013, the same was dishonoured with an endorsement “Payment stopped by drawer and account closed”.

b) Subsequently, the Complainant got issued a registered legal notice to the Accused on 16.0

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