Citation : 2023 Latest Caselaw 522 Tel
Judgement Date : 1 February, 2023
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.
Crl.Petition No.997 of 2023
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
(2012) 5 SCC 424
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