Patna High Court
Eragam Sunil Reddy @ Sunil Reddy vs The State Of Bihar on 17 April, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89639 of 2024
Arising Out of PS. Case No.-3977 Year-2018 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Eragam Sunil Reddy @ Sunil Reddy S/O Ellaa Reddy Eragam R/O Plot
No.- 580, Road No.-32, Jubliee Hills Shaik Pet, Hyderabad, P.S- Jubliee
Hills, Distt.- Hyderabad, State- Telangana, Managing Director of Palladium
Infrastructure and Project Ltd. a registered Company having its registered
office at Flat No. G-2, Block No.-8, Hillridge Springs, ISB Road,
Gotchbowali, Hyderabad.
2. M/S Palladium Infrastructure and Project Ltd. A registered company, having
its registered office at Flat No.- G-2, Block No.-8, Hillridge Springs, ISB
Road, Gotchbowali, Hyderabad represented through Chandragiri Satish
Working as Account Executive, Palladium Infrastructure and Project Ltd.,
Son of Chandragiri Rajaiah, R/O 1-6-45, Jubli Market, beside market,
Kazipet, VTC- Hanamkonda, P.O- Kazipet, Sub Distt.- Hanmakonda, Distt.-
Warangal, State- Andhra Pradesh.
3. Sri A. Gopala Rao @ Gopal Rao S/O Guru Murthy R/O Block-4, Flat No.-
301, Hill Registrings Apartment, P.S- gachbolli, Distt.- Hyderabad, State-
Telangana. Officials of M/S Palladium Infrastructure and Project Ltd. a
registred company having its registred office at Flat No. G-2, Block No.-8,
Hillridge Springs, ISB Road, Gotchbowali, Hyderabad.
4. Edwarde Silvistor Pammi @ Sylbestar @ E. Silvistor Pammi S/O Ratna
Raju R/O Door No.-3- 85/1, Ponnamanda, Razole Mandal, Distt.- East
Godavari, State- Andhra Pradesh. Officials of M/S Palladium Infrastructure
and Project Ltd. a registred company having its registred office at Flat No.
G-2, Block No.-8, Hillridge Springs, ISB Road, Gotchbowali, Hyderabad.
5. Sri Naga Satish Chandra @ Satish Chandra Amanchi @ Satish Chandra S/O
Subbu Babu Chandra Amanchi R/O H No.- 1-8-557, Flat - 403, Behind Big
Bazar RTC Cross Roads, Musheerabad, Hyderabad. Officials of M/S
Palladium Infrastructure and Project Ltd. a registred company having its
registred office at Flat No. G-2, Block No.-8, Hillridge Springs, ISB Road,
Gotchbowali, Hyderabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sunita Kumari Proprietor of M/S Mars Infra Corporation, Office No. 16, 1st
Floor, Ashoka Place, Exhibition Road, P.S- Gandhi Maidan, Distt.- Patna.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sumeet Kumar Singh, Adv
: Mr. Binod Kumar Singh, Adv
: Mr. Shivam Singh, Adv
: Mr. Amarendra Kumar, Adv
: Mr. Kumar Vikram, Adv
Patna High Court CR. MISC. No.89639 of 2024 dt.17-04-2025
2/5
: Mr. Kumar Avinahs, Adv
: Ms. Alka Singh, Adv
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
For the O.P. No. 2 : Mr. Kush, Adv
: Mr. Law, Adv
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 17-04-2025
Heard learned counsel for the petitioners and
learned counsel for the respondents.
2. The present application has been filed for
quashing the criminal proceeding arising out of Complaint
Case No. 3977 (C) of 2018, which has been registered under
Sections 420 and 406 of the Indian Penal code and Section
138 of the NI Act, 1881 where cognizance has been taken by
learned Judicial Magistrate Second Class, Patna under Section
138 of the NI Act, 1881.
3. From the complaint petition it appears that
complainant has been called by accused no. 2 to 4 (petitioner
no. 1, 3 and 4) to supply TMT Bars and subsequently Bars
used to be supplied by complainant and bills were raised and
the payment has been made by the accused persons on
interval and the complainant supplied the Bars till
21.12.2016
, when the outstanding dues against the accused
Patna High Court CR. MISC. No.89639 of 2024 dt.17-04-2025
was Rs. 45,97,142.92/- and it was further alleged that on
21.04.2018 the accused paid for part of the due amount
through cheque bearing no. 878894 dated 21.04.2018 for
Rs. 28,66,500/- drawn on Corporation Bank, Boring canal
road, Patna and it was further alleged that the accused
persons asked to deposit the cheque after 2 months and when
the complainant deposited the cheque after two months she
was shocked to know that the account of the accused was
closed and thus alleged that under common intention accused
persons cheated her.
4. On the basis of aforesaid complaint after
examination of complainant on oath and examination of
inquiry witnesses, learned Court took cognizance against
petitioners for the offence alleged to be committed under
Section 138 of the Negotiable Instruments Act, 1881.
5. Learned counsel appearing on behalf of
petitioners submitted that Petitioner No. 1 is the Managing
Director of Petitioner No. 2, M/S Palladium Infrastructure and
Project Ltd. which is a private limited company duly
incorporated under Companies Act 2013 (as amended),
Patna High Court CR. MISC. No.89639 of 2024 dt.17-04-2025
where Petitioner No(s). 3, 4 and 5 are Managers of the
Petitioner No. 2, looking its different affairs like finance and
general administration etc. Without making any argument on
merit it is submitted by learned counsel for petitioners that
matter appears compromised between the parties in view of
MoU dated 07.12.2021. The aforesaid MoU was signed
between Petitioner No. 2 (company) through its authorized
attorney namely Mr. Kulkarni Aditya and Ms. Sunita Kumari
O.P. No. 2, who is the proprietor of M/s. Mars Infra
Corporation. It appears from aforesaid MoU that parties
settled their all accounts as per ledger and thereafter an
outstanding balance of Rs. 7,66,300/- was paid to O.P. No. 2
through Demand Draft No. 909627 dated 04.12.2021 drawn
on Punjab National Bank, Jubilee Hills Branch, Hyderabad,
Telangana.
6. Aforesaid factum of compromise and receiving
of payment as aforesaid was approved by Mr.Kush, appearing
for O.P. No. 2.
7. In view of aforesaid facts and circumstances as
matter appears compromised between the parties, where
Patna High Court CR. MISC. No.89639 of 2024 dt.17-04-2025
parties settled their disputes and differences amicably,
continuing with present criminal proceeding before the
learned Trial Court would only amount to abuse the process of
court of law.
8. Accordingly, impugned order of cognizance
with all its consequential proceedings, qua, all above named
petitioners arising thereof as passed in Complaint Case No.
3977 (C) of 2018, pending before learned Chief Judicial
Magistrate, Patna/Court concerned is hereby quashed and set
aside to secure the ends of justice.
9. Hence, this application stands allowed.
10. TCR (Trial Court Records), if any, be returned to
the learned Trial Court alongwith the copy of this judgment.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.04.2025
Transmission Date 18.04.2025
