HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD *****

CRIMINAL PETITION Nos.6561, 6562 AND 6563 OF 2022 Between:

1. Late Padmashree Dr. B.S. Choubey Memorial Trust, Having its registered office at 213, West High Court Road, Dharampeth, Nagpur, Maharashtra – 440022, Being represented by Dr. Sameer Choubey Alias Dr. Sameer Balaswaroop Choubey, and three others … Petitioners And

1. The State of Telangana, Through Public Prosecutor, High Court for the State of Telangana At Hyderabad and another … Respondents DATE OF JUDGMENT PRONOUNCED : 24.02.2026 Submitted for approval.

HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA

1 Whether Reporters of Local newspapers may be allowed to see Yes/No the Judgments?

2 Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No

3 Whether their Ladyship/Lordship wish to see the fair copy of the Judgment? Yes/No HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA + CRIMINAL PETITION Nos.6561, 6562 AND 6563 OF 2022 % Dated 24.02.2026 Between:

# Late Padmashree Dr. B.S. Choubey Memorial Trust, Having its registered office at 213, West High Court Road, Dharampeth, Nagpur, Maharashtra – 440022, Being represented by Dr. Sameer Choubey Alias Dr. Sameer Balaswaroop Choubey, and three others.

… Petitioners And $ The State of Telangana, through S.H.O., W.P.S. East Zone, Hyderabad District, represented by Public Prosecutor, High Court at Hyderabad and another … Respondents ! Counsel for the Petitioners : Sri Deepak Misra ^ Counsel for Respondent No.2 : Sri Pasham Mohit Gist:

>HEAD NOTE:

? Cases referred

1. Criminal Appeal Nos.963-966 of 2010, dated 03.05.2010

2. (2018) 1 SCC 560 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION Nos.6561, 6562 AND 6563 OF 2022 DATE: 24-02-2026 Between:

Late Padmashree Dr. B.S. Choubey Memorial Trust and three others … Petitioners And The State of Telangana, Through Public Prosecutor, High Court for the State of Telangana at Hyderabad and another ... Respondents

ORDER:

Crl.P.No.6561 of 2022 is filed by the petitioners-accused Nos.1 to 4 seeking to quash the proceedings against them in C.C.No.1272 of 2021 (old C.C.No.77 of 2020) on the file of learned XVI Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, registered for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘N.I. Act’), by setting aside the order, dated 11.05.2022, passed in Crl.M.P.No.26 of 2022 in C.C.No.1272 of 2021.

2. Crl.P.No.6562 of 2022 is filed by the petitioners-accused Nos.1 to 4 seeking to quash the proceedings against them in C.C.No.1276 of 2021 (old C.C.No.78 of 2020) on the file of learned XIV Metropolitan Magistrate, Ranga Reddy District at Rajendranagar, registered for the offence under Section 138 of the N.I. Act, by setting aside the order, dated 11.05.2022, passed in Crl.M.P.No.25 of 2022 in C.C.No.1276 of 2021.

3. Crl.P.No.6563 of 2022 is filed by the petitioners-accused Nos.1 to 4 seeking to quash the proceedings against them in C.C.No.1277 of 2021 (old C.C.No.76 of 2020) on the file of learned XVI Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, registered for the offence under Section 138 of the N.I. Act, by setting aside the order, dated 11.05.2022, passed in Crl.M.P.No.27 of 2022 in C.C.No.1277 of 2021.

4. Heard Sri Deepak Misra, learned counsel for the petitioners and Sri Pasham Mohit, learned counsel for respondent No.2.

5. The case of the complainant-Company is that in the course of its business, it has received a purchase order from petitioner No.1-Memorial Trust (accused No.1) signed by petitioner No.4- accused No.4 seeking supply of 26 Hemodialysis Machines and Pure Water RO etc., for a value of Rs.1,65,98,400/-. Based on the said purchase order, the complainant has supplied the stocks. The parties have agreed that the sale consideration shall be paid within six months of the date of installation. As the petitioners- accused Nos.1 to 4 failed to pay the amount as agreed, th