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Judgment
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused to quash the proceedings in C.C.No.1904 of 2021 on the file of Additional Judicial Magistrate of First Class, Karimnagar.
Heard the learned counsel for the petitioner/accused, the learned Assistant Public Prosecutor for respondent No.1-State, the learned counsel for respondent No.2 and perused the record.
The learned counsel for the petitioner/accused would submit that in the complaint filed under Section 200 Cr.P.C. dated 15.06.2021, there is no specific mention that the subject cheque dated 03.03.2021 was given for discharge of legally enforceable debt. There is also no such averment in the legal notice dated 28.04.2021. It is further submitted that since the whole transaction took place in Khammam, the Court of Additional Judicial Magistrate of First Class, at Karimnagar, has no jurisdiction to entertain the subject complaint and ultimately prayed to allow the petition as prayed for.
On the other hand, learned counsel for respondent No.2 would submit that there is specific mention in the complaint dated 15.06.2021 as well as legal notice dated 28.04.2021 that the subject cheque was given towards legally enforceable debt. It is further submitted that the Court at Karimnagar has got territorial jurisdiction to entertain the subject complaint. The submissions made on behalf of the petitioner/accused are unsustainable and ultimately prayed to dismiss the petition.
As seen from the material placed on record, the third para of the complaint filed under Section 200 of Cr.P.C. dated 15.06.2021 shows that when the complainant demanded the accused for payment of instalment under the loan, the accused issued cheque bearing No.000037 for Rs.1,10,00,000/- dated 03.03.2021 drawn on HDFC Bank towards payment of instalment of loan in favour of the complainant towards discharge of part of the liability under the loan agreement dated 12.02.2019. In the legal notice dated 28.04.2021 also, there are similar averments.
In view of the above, it can be said that the subject cheque was given towards payment of legally enforceable debt. As far as jurisdiction aspect is concerned, the petitioner/accused has right to agitate the same before the Court where the subject C.C. is pending and seek adjudication in respect of competence of the Court to entertain the criminal complaint. It is not appropriate for this Court to go into that aspect and determine the same. In view of the facts and circumstances of the case, there are no grounds to quash the proceedings as prayed for. The Criminal Petition is devoid of merit and is liable to be dismissed.
Accordingly, this Criminal Petition is dismissed. However, it is made clear that any observation made in this order shall not have any bearing over the final determination of the subject C.C.
Pending miscellaneous petitions, if any, shall stand closed.