Mrs. Nirmala Deshpande vs The State of A.P. and Another

P. Swaroop Reddy, J.—This petition is filed to quash the proceedings in C.C. No. 870 of 2007 on the file of the I Additional Chief Metropolitan Ma

The case of the petitioner is that the second respondent herein filed a private complaint against her u/s 138

The contention of the learned Counsel for the petitioner is that the allegations are false; the cheque in question was fab

Though several pleas are raised in this petition, the main contention of the petitioner is that the cheque was not returne Co-operative Urban Bank Ltd. v. Ramanjaneya Enterprises 2005 (1) ALD (Cri.) 634 (AP).

The contention of the learned Counsel for the second respondent-complainant is that the license of the First City Cooperat

Now the point that arises for consideration is whether there are any grounds for quashing the proceedings pending against

In the case Chairman, Jawahar Cooperative Urban Bank Ltd. 2005 (1) ALD (Crl.) 634 (AP) (supra), the complaint was filed against the Chairman, Vice C "no Cooperative Urban Bank Ltd.," can be a clearing member of the Reserve Bank of India directly and such cooperative urban b

This Court in paragraph-9 of the above judgment observed that ''the Moot question that arises for consideration is as to wh the offence u/s 138 of the Act is attracted or not? and relying on a decision of the Hon''ble Supreme Court in Shri

A plain reading of the above judgment shows that, if we have to simply rely on the judgment of our Court, the present comp

But, here, there are additional circumstances. As already referred, as per the complainant the licence of the drawee bank

In NEPC Micon Limited and Others Vs. Magma Leasing Limited, , the Hon''ble Supreme Court relying on other decisions and the circumstances like NI Act. In paragraph 9 of the decision (NEPC Micon''s Case (Supra), the Hon''ble Supreme Court repelling the contention that

As stated above, Section 138 of the Act has created a contractual breach as an offence and the legislative purpose is to prom

When a cheque of an account, which was closed, is an offence u/s 138 of the Act; why it is not an offence when

There is absolutely no justification in driving the complainant from pillar-to-post by dismissing the complaint for unsustain

NEPC Micon''s Case (Supra). The decision of our High Court in Chairman, Jawahar Co-operative Urban Bank Limited''s Case (Supra), is not applicable in this case as facts here are distinguishable, as here, there is a contention of the drawee ban

In the circumstances, I am of the opinion that the petition cannot be allowed and it is for the trial court to decide the

Accordingly, the Criminal Petition is dismissed.