IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K.SURENDER
C. Srinivasa Sarma – Appellant
Versus
The State of Telangana and another – Respondent
CRLP 542/2020
O R D E R:
This Criminal Petition is filed by the petitioner/Accused, seeking to quash the proceedings in C.C.No.2414 of 2018, on the file of XV Metropolitan Magistrate, Cyberabad at Medchal, registered for the offence under Section 138 of the Negotiable Instruments Act, 1881.
2. Heard learned counsel for the petitioner/Accused and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent – State. Perused the record.
3. The 2nd respondent filed a complaint under Section 138 of N.I.Act. In the said complaint, his version is that petitioner herein, who is the accused took an amount of Rs.55,00,000/- for the purpose of getting permission from the Government to enable the complainant to establish Educational Institutions such as Veda Patasala, Junior College, Engineering College etc.
4. Unable to do the needful, the petitioner gave cheques to repay the said amount allegedly given by the complainant.
5. Learned counsel appearing for the petitioner submits that cheques in question were issued not for repayment of the amount taken but as a security to the rice that would be supplied by the accused.
6. These are all the questions of facts to be decided during the trial. This Court cannot decide the said facts during quash proceedings.
7. Accordingly, the Criminal Petition is dismissed. Miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J
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