[HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.3800 OF 2012 Dated 12-6-2014 Between:
Edukondala Venkatesham and another.
..Petitioners.
And:
The States of Telangana and Andhra Pradesh, represented by its Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh and another.
…Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.3800 OF 2012 ORDER:
This petition is filed to quash F.I.R. in Crime No.26 of 2012 of Nidamanoor Police Station for the alleged offences punishable under Sections 420 I.P.C. and 138 of Negotiable Instruments Act.
2. Heard the advocate for petitioners.
3. In spite of service of notice, no one appeared for the second respondent-de facto complainant.
4. Advocate for petitioners submitted that as per the F.I.R., an amount of Rs.68,172/- is due from the petitioners to the second respondent in respect of a chit transaction and the said amount is paid by way of Demand Draft and second respondent encashed the same. When the same is represented before this court, when this matter has come up for hearing, this court directed the petitioners to file affidavit to that effect. He further submitted that additional affidavit is filed already in the year 2013 stating that the second respondent has received the Demand Draft and encashed it.
5. As seen from the complaint given by the 2nd respondent to police, the allegation is that an amount of Rs.68,172/- is due to her and for that, the petitioners have issued a cheque drawn on Central Bank of India and when the same is presented, it was dishonoured and when she met the Chairman of Chit Fund Company several times for payment of money, there was no response and as the petitioners have issued an invalid cheque and cheated her, they have to be punished.
6. A plain reading of the complaint discloses that it would attract only offence of Section 138 of Negotiable Instruments Act for which the police cannot register any F.I.R. and remedy of the 2nd respondent is to file a private complaint after fully following procedure under Sections 138 to 142 of Negotiable Instruments Act.
7. As seen from the proceeding sheet, this court while granting interim stay directed the petitioner to file affidavit to the effect that Demand Draft sent by them to the complainant-second respondent has been encashed by her and in compliance of the same, affidavit is filed on 21-6-2013 to the effect that a Demand Draft bearing No.613516 dated 26-4-2012 for Rs.68,172/- drawn on Indian Bank, Nalgonda branch was sent to second respondent and the same was encashed by her. The petitioners have also filed xerox copy of demand draft supporting affidavit averment. From a combined reading of these documents, it is clear that the petitioners have paid back the amount and the second respondent received the same without any protest.
8. From a plain reading of complaint, no prima facie case is made out for the offence under Section 420 I.P.C. and therefore, the same has to be quashed.
9. For these reasons, F.I.R.No.26 of 2012 of Nidamanoor police station is hereby quashed and this Criminal Petition is allowed.
10. As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 12-6-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.3800 OF 2012 Dated 12-6-2014