THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.4981 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner - accused seeking to quash the proceedings in STC No.12 of 2023 on the file of the learned Prl.Judicial Magistrate of First Class at Wanaparthy. 2. Heard the submissions of Sri T.Bala Mohan Reddy, learned counsel for the petitioner and Sri Amaragani Malsoor, learned counsel for respondent No.2.

3. The learned petitioner counsel has submitted that the complaint is premature. The de facto complainant has not waited till the statutory period of 15 days after the service of notice on the petitioner and has filed the complaint just after 11 days and thus, there is deviation in the procedure which causes grave injustice to the petitioner and therefore, prayed to quash the proceedings.

4. The learned respondent No.2 counsel, on the other hand, has submitted that the complaint being premature cannot be an excuse to quash the proceedings. He further argued that the petitioner has borrowed money and has issued cheques but when they presented the same, the cheques got dishonoured and the petitioner is evading the payments under the cheques on one pretext or the