Back
HIGH COURT OF ANDHRA PRADESH
DR. VENKATA JYOTHIRMAI PRATAPA, J
SEW INFRASTRUCTURE LIMITED, REP. BY ITS MANAGING DIRECTOR – Appellant
Versus
THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR – Respondent
| Table of Content |
|---|
| 1. seeking to quash proceedings under n.i. act. (Para 1) |
| 2. arguments on maintainability due to representation issues. (Para 3 , 4) |
| 3. court's view on jurisdiction and procedural continuance. (Para 6 , 8) |
| 4. final determination on the validity of the complaint. (Para 10) |
| 5. dismissal of the petition. (Para 11) |
ORDER
The instant petition under Section 482 of Code of Criminal Procedure, 1973 1 has been filed by the Petitioners/Accused Nos.1 and 2, seeking to quash the proceedings against them in C.C.No.202 of 2019 on the file of the for short „ Cr.P.C ‟
Court of Judicial Magistrate of First Class, Mydukur, which was registered for the offence punishable under Sections 138 , 139 and 142 of the Negotiable Instruments Act, 1881 , [for short „NI Act‟]
2. Heard Sri Avinash Desai, learned counsel for the Petitioners and Sri Venkat Challa, learned counsel for Respondent No.2. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor is in attendance.
3. Learned counsel for the Petitioners would submit that the present complaint, which has been filed by Respondent No.2, who is neither payee nor holder of the subject cheque, is not maintainable under Section 138 of N.I.Act. Learned
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
