Andhra Pradesh High Court - Amravati
M/S.Sai Lakshmi Tulasi Ferros Private ... vs State Of Andhra Pradesh on 4 November, 2024
APHC010713002022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
MONDAY ,THE FOURTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 10465/2022
Between:
M/s.sai Lakshmi Tulasi Ferros Private Limited ...PETITIONER/ACCUSED(S)
and Others
AND
State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S)
Counsel for the Petitioner/accused(S):
1. V SAI KUMAR
Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR (AP)
2. MADHU V
The Court made the following ORDER:
The instant criminal petition under Section 482 of the Code of Criminal
Procedure, 1973 (in short, "Cr.P.C.") has been filed by the Petitioners who are
A1 to A3 in S.T.C.No.69 of 2022 seeking quashment of the case for the
offences punishable under Section 138 of Negotiable Instruments Act.
2. Heard Sri V.Sai Kumar, learned counsel for the Petitioners.
Sri V.Madhu, learned counsel though filed vakalath for the respondent No.2did
VJP,J
not turn up to submit any arguments. Ms.K.PriyankaLakshmi, learned
Assistant Public Prosecutor is in attendance.
3. Learned counsel for the petitioners would submit that Legal Notice was
issued by the Complainant and petitioners gave a befitting reply to the effect
that they have discharged the amount which was received from the
Complainant. Learned Counsel for the petitioners further would submit that in
the reply notice itself at the earliest point of time they have taken a specific
plea that there is no legally enforceable debt, as on the date of issuance of the
subject cheque. Learned Counsel for the petitioners further would submit that
as per the contents of the complaint prima facie show that the amount has
been received by the petitioners through RTGS on 06.06.2018 and the subject
cheque has been issued on 11.10.2021 which was beyond the period of three
(3) years. Learned counsel further would submit that when there is no legally
enforceable debt, no offence is made out prima facie under Section 138 of
Negotiable Instruments Act. Learned Counsel finallysubmits that it is a fit case
for quashment and prays for quashment of the case against the petitioners.
4. Considering the submissions made and a fair look at the contents of the
complaint, as rightly put by the learned counsel for the petitioners, the amount
was received by the petitioner as admitted in the reply notice i.e., 06.06.2018.
Complaint further would show that the subject cheque has been issued on
11.10.2021. The version of the petitioners in reply is that they have discharged
the debt amount to the Complainant on 11.12.2020. The questions raised in
VJP,J
the present petition are mixed question of fact and law, which cannot be
decided at this stage while exercising jurisdiction under Section 482 of the
Code of Criminal Procedure, 1973.
5. At that juncture, learned counsel for the petitioners would submit that
the direction may be given to the trial court to examine the case in that
perspective since there is no legally enforceable debt as on the date of
issuance of the cheque even as per the contents of the complaint and time
may be fixed for disposal of the case.
6. In that view, it is apposite to dispose of the petition directing the learned
Trial Judge to look into the matter in the light of the defence raised even in the
reply notice as to issuance of the cheque after the period of limitation and
pass appropriate judgment, according to law as expeditiously as possible,
without granting any adjournment in casual way by mere asking since it is a
Summary Trial Case of the year 2022.
7. In the result, the Petition is disposed of. Learned Trial Judge is directed
to look into the issue in the light of the observations referred supra and pass
appropriate judgment according to law as expeditiously as possible. The
presence of the petitioners before the Trial Court is dispensed with unless the
presence is specifically directed by the Trial Court. No order as to costs.
VJP,J
Consequently, miscellaneous petitions, pending if any, shall stand
closed.
______________________________
VENKATA JYOTHIRMAI PRATAPA, J
Dt.04.11.2024
UPS
VJP,J
THE HON'BLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION No.10465 OF 2022
Dated : 04.11.2024
UPS
