THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3364 OF 2021

ORDER:

This Criminal Petition is filed by the petitioner/accused No.2 to quash the proceedings in C.C.No.495 of 2017 pending on the file of the Principal Judicial First Class Magistrate, Mahaboobnagar.

2. Heard learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for respondent No.1 – State. Perused the record.

3. The petitioner is accused No.2, questioning his implication in the complaint filed by respondent No.2/complainant under Section 138 of the Negotiable Instruments Act, 1881.

4. Respondent No.2 lodged a complaint under Section 138 of NI Act against the petitioner herein as accused No.2 and the petitioner’s brother as accused No.1, namely, H.Raghuram Shetty. In the complaint, it is narrated that the petitioner and accused No.1 are brothers. Respondent No.2 arranged an amount of Rs.1,00,000/- for accused No.1, and towards repayment of the said amount, a cheque was issued to respondent No.2 by accused No.1. The said cheque was returned unpaid on the ground of ‘insufficient funds’. Since accused No.1 was avoiding respondent No.2 and also repayment of the said amou