Neovel Pharma Pvt. Ltd. vs The State Of Telangana
2025 Latest Caselaw 3806 Tel

Telangana High Court

Neovel Pharma Pvt. Ltd. vs The State Of Telangana on 11 June, 2025

Author: N.Tukaramji

Bench: N.Tukaramji

          THE HONOURABLE SRI JUSTICE N.TUKARAMJI

              CRIMINAL PETITION No.6400 OF 2025

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking

quashment of the proceedings against the petitioners/accused Nos.1

to 3 in S.T.C.NI No.70 of 2023 on the file of the XV Additional

Judicial Magistrate of First Class, Medchal-Malkajgiri District at

Kukatpally.

2. The petitioners are arrayed as accused Nos.1 to 3 in S.T.C.NI

No.70 of 2023, registered for the offence punishable under Section

138 of the Negotiable Instruments Act, 1881.

3. Heard Mr.Boda Venkateswarlu, learned counsel for the

petitioners and Mr.Jithender Rao Veeramalla, learned Additional

Public Prosecutor appearing for the respondent No.1-State.

4. Learned counsel for the petitioners submits that the cheque in

question was issued by the petitioners in favor of a third party.

However, respondent No. 2/the complainant, allegedly utilized this

cheque without any contractual arrangement, agreement, or

understanding with the petitioners. As such, the petitioners contend

that they cannot be held liable for an offence under Section 138 of

the Negotiable Instruments Act, 1881. In support of this contention,

NTR, J Crlp_6400_2025

reliance is placed on the judgment of the Hon'ble Bombay High Court

in Hiten Sagar v. IMC Limited, and pleaded that in the authority

similar proposition was upheld. Accordingly, learned counsel prays

for quashment of the criminal proceedings initiated against the

petitioners.

5. I have perused the materials on record.

6. According to the contents of the disputed cheque, the name of

respondent No. 2/the complainant--clearly appears, and the cheque

return memo issued by the bank also reflects the same. Although the

petitioners assert that the cheque was originally issued in favor of a

third party and was misused by the complainant to initiate

prosecution, this claim is raised as a matter of defense and can only

be adjudicated upon through a full-fledged trial.

7. Furthermore, it is noted that the proceedings pertain to the

year 2023. In light of these facts, and considering that the disputed

cheque bears the admitted signatures of petitioner Nos. 2 and 3, who

are Directors of petitioner No. 1/Private Limited Company--this

Court finds no merit in the petitioners' contentions at this stage.

8. Upon evaluation of the prima facie case and given that the

relevant facts require determination during trial, this Court finds no

persuasive or substantial grounds to warrant even admission of the

petition.

NTR, J Crlp_6400_2025

9. Accordingly, this Criminal Petition is dismissed.

Pending miscellaneous applications, if any, shall stand closed.

__________________ N.TUKARAMJI, J Date: 11.06.2025 gkv