Crl.Petition No.997 of 2023
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.997 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner- Accused to quash the proceedings against him in STC NI No.98 of 2022 pending on the file of X Additional Metropolitan Magistrate, Cyberabad, Medchal-Malkajgiri District at Medchal. The offence alleged against him is under Section 138 of Negotiable Instruments Act.
2. Learned counsel for the petitioner submits that entire amount covered by the cheque has been discharged and suppressing the transactions which were done online and amounts being deposited into the account of complainant, the present complaint was filed. Further, there are several other grounds which would indicate that a false prosecution is launched by the complainant.
3. The said aspects can as well be agitated by filing discharge application before the concerned Court.
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4. Accordingly, the Criminal Petition is disposed off. Needless to say, in the event of the petitioner filing an application under Section 239 of Cr.P.C. seeking discharge, the concerned Court shall dispose it off on merits in view of the judgment rendered by the Hon'ble Supreme Court in case of Bhushan Kumar and another vs. State (NCT of Delhi) and another1, within a period of four (04) weeks from the date of filing, after hearing arguments on both sides.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 01.02.2023 rev 1 (2012) 5 SCC 424