THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 7469 of 2023

ORDER

This criminal petition has been filed by the petitioner/accused seeking to quash the proceedings in STC.N.I.No.80 of 2022 on the file of the Judicial First Class Magistrate at Adilabad for the offence punishable under Section 138 of the Negotiable Instruments Act, 1989 (for short, ‘the N.I. Act’)

2. The brief facts of the case are that respondent No.2 filed a private complaint before the Judicial First Class Magistrate at Adilabad invoking the provision of Section 200 of the Cr.P.C. stating that Smt. Ambika Gulavath, who is one of the partners in respondent No.2 Company, entered into an agreement on 09.07.2021 with the petitioner for construction of houses in Survey No.163/A, Jankapur Village and Mandal, Komurambheem Asifabad District, whereby, the petitioner undertook to pay an amount of Rs.82,56,000/- (Rupees Eighty-Two Lakhs Fifty-Six Thousand only) to it. The said agreement was executed in the presence of witnesses. In pursuance of the said undertaking, the petitioner issued two cheques in favour of respondent No. 2 constructions and Smt. Ambika Gulavath, both dated 01.11.2021, for an amount of R