THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

ORDER:

This criminal petition is filed under Section 482 of

Criminal Procedure Code (for short ‘Cr.P.C’) to quash the proceedings in C.C No.2330 of 2020, pending on the file of XII Additional Metropolitan Magistrate at Kukatpally, (herein after referred as “the trial Court”) against the petitioner-accused under Section 138 read with Section 141 of the Negotiable

Instruments Act, 1881 (for short “the NI Act”).

2. Heard Sri Pradyumna Kumar Reddy, Learned senior counsel representing Sri T. Anirudh Reddy, learned counsel for the petitioner, Sri Satyanarayana Vemula, learned counsel for respondent No.1 and Sri Vivekananda Reddy, learned Assistant Public Prosecutor appearing for the respondent No.2 – State.

Perused the record.

3. The brief facts of the case are that the accused had issued a cheque bearing No.385034, dated 08.01.2020 for a sum of Rs.2,00,00,000/-, drawn on Andhra Bank, Kothaguda Branch and when the said cheque was deposited in SBI, Kothaguda Branch on 13.01.2020 by the De-facto complainant, the same

was dishonored due to "Insufficient Funds", accordingly, a complaint was filed under Section 200 Cr.P.C on the file of the XII Additional Metropolitan Magistrate at Kukatpally vide CC No.2330 of 2020 for the offences under Sections 138 read with Section 141 of the NI Act for dishonour of the cheque bearing No.385034, dated 08.01.2020 stated to have been issued in discharge of legally enforceable debt. It is also averred that after issuing notice to the accused therein, the said complaint has been filed.

4. Learned counsel for the petitioner would submit that the petitioner is arrayed as accused No.3. He would submit that on receipt of notice dated 29.01.2020 by the counsel for the de-facto complainant, the petitioner replied to the said notice on 10.02.2020 through the learned counsel for the petitioner. Accordingly the petitioner gave a preliminary reply requesting to seek a copy of the cheque to understand and give appropriate reply.

5. It is further submitted that despite receipt of said reply notice, there was no response from the de-facto complainant to the petitioner-accused No.3 herein. Learned counsel while drawing attention of this court would submit that the cheque in question bearing No.237911100001811, dated 08.01.2020 which was drawn on Andhra Bank, Kothaguda branch, Hyderabad for an amount of Rs.2,00,00,000/- was issued by Accused Nos.4 and Accused No.3/petitioner has not issued any cheque in compliance to the liability as alleged by the complainant. He would further submit that admittedly, there are disputes between the complainant and the accused No.4 pertaining to a piece of property stated to have been executed between the company by name M/s. Down under Tavern and Food and Beverages Private Limited, represented by branch manager Smt. P. Vasantha and the de-facto complainant vide registered document No.7791 of 2017. The company intending to construct a structure to suit their business requirements of the company to which the petitioner is Director and since the company could not obtain the necessary business license, a settlement affidavit has been executed between the de-facto complainant and the petitioner herein along with Accused No.4 and in accordance with the settlement affidavit dated 05.11.2019, two guarantee cheques have been issued bearing Nos.000099 and 000100 were drawn on Andhra bank from the account No.237911100001811 and after having that settlement affidavit executed, no action has been taken by either side.

Thereafter, the said cheques were not deposited by the de-facto complainant pursuant to the settlement affidavit filed by the petitioner along with Accused No.4.

6. Learned Senior Counsel further submit that the earlier cheque bearing No.237911100001811 issued by the accused No.4 to the de-facto complainant dated 08.01.2020 for a sum of Rs.2,00,00,000/- which has been deposited by the de-facto complainant. The said cheque was returned vide return chequ