Mohd. Ayub Pasha vs The State Of Telangana
2022 Latest Caselaw 5383 Tel

                       THE HON'BLE SRI JUSTICE K.SURENDER

                        CRIMINAL PETITION No. 507 OF 2019

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.') seeking to quash the

proceedings in C.C.No.342 of 2018 pending on the file of the III Special

Magistrate Court, Hyderabad at Erramanzil. The petitioner herein is

accused in the said calendar cases. The offence alleged against him is

under Section 138 of Negotiable Instrument Act.

2. Perused the record.

3. Learned Counsel for the petitioner/accused submits that there is no

legally enforceable debt of the cheques in question and in fact there was a

Memorandum of Understanding whereby the outstanding amount was

discharged, however, the cheques in question were misused.

4. All the aforesaid grounds raised by the petitioner can be agitated

before the trial Court 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 wherein at para 20 it was held as follows;

"20. It is inherent in Section 251 of the Code that when an accused appears before the trial court pursuant to summons issued under Section 204 of the Code in a summons trial case, it is the bounden duty of the trial court to carefully go through the allegations made in the charge-sheet or complaint and consider the evidence to come

(2012) 5 SCC 424

to a conclusion whether or not, commission of any offence is disclosed and if the answer is in the affirmative, the Magistrate shall explain the substance to the accusation to the accused and ask him whether he pleads guilty otherwise, he is bound to discharge the accused as per Section 239 of the Code."

5. In view of the aforesaid Judgment, the petitioner can file a discharge

application before the trial Court by raising all the aforesaid grounds and

on such filing the concerned trial Court shall entertain the same.

6. Accordingly, the criminal petition is disposed off. No order as to

costs.

Miscellaneous applications pending, if any, in this criminal petition,

shall stand closed.

________________ K.SURENDER, J 27.10.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO. 507 OF 2019

Dt.27.10.2022

tk