G. Sudhakar v. State Of Telangana

132s1 |

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY ,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 2070 OF 2019 Between:

G. Sudhakar, S/o Ramakrishna, Aged 38 years, Occ Business, R/o Plot No.15, Ushodaya Colony, Phase-2, Near Usha Mullapudi Hospital, Gajula Ramaram, Quthbullapur' Ranga Reddy District ...pETiTroNER/AccusED AND

1. State of Telangana,' Rep., by its Public Prosecutor, High Court For the State of Telangana at Hyderabad

2. V.Upender Reddy Pedda Thirupathi Reddy, Aged Major, Occ - Business, Rl/o H. No. I 5-24-401302, Road No. 1 . KPHB cor-r,.:fl EBABIj #fl ?E o#, "rAr NANrs Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records and set aside the Order dated 1410912016 passed in Crl.M.P.No. 1917 ot 2016 in C.C.NO. 197 of 2016 on the file of ll Speciat Magistrate, Ranga Reddy District at Kukatpally which was confirmed by order dated 1511112018 in Crl.R.P.No. 122 of 2016 on the file of XV Additionat Sessions Judge, Ranga Reddy District at Kukatpally and allow the Crl.M.P.No. 1917 of 2016 l.A NO: 2OF 2019 Petition under Section 482 of Cr.P.

C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to grant stay of all further proceedings in C.C.No. 197 of 2016 on the file of ll Special Magistrate, Cyberabad at Kukatpally This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri papaiah Peddakula, Advocate for the Petitioner and lhe Public Prosecutor on behalf of the Respondent No.'l and of Respondent No.2 is not appears in personal or by Advocate.

The Court made the following: ORDER

I HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.2O7O OF 2019 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, I973 (for short'Cr.P.C.J by the petitioner/Accused seeking to set aside the order dt.l4.O9.2016 passed in Crl.M.P.No.l9l7 of 2016 in CC.No.l97 of 2016 on the I l hle of II Special Magistrate, Ranga Reddy District at Kukatpally which was confirmed by the XV Additional Session Judge, Ranga reddy District at Kukatpally in Crl.R.P.No.122 of 2016 dt.15.11.2018.

2.

The petitioner filed this petition seeking discharge in the lower Court. The proceedings against the petitioner are under Section 138 of the Negotiable Instruments Act 3.

The ground taken by the petitioner is that in respect of the subject cheque issued, cheating case was also filed against the petitioner which is still pending.

4.

Both the Courts below found that pendency of a case for cheating will not come in the way of prosecution under Section 138 of the Negotiable Instruments Act and it will not amount to double jeopardy.

t\ 5.

The reason given by the Courts below is in accordance with law.

6.

Accordingly, the Criminal petition is dismissed Miscellaneous applications, if any, pending shall stand dismissed.

SD/- K.AMMAJI ASSISTANT.RE.GIgTRAR //TRUE COPY// \ It/ ECTION OFFICER To,

1. The XV Additiortal Sessions Judge, Ranga Reddy District at Kukatpally

2. The Station House Officer, Kothur Police Station, Mahabubnagar'

3. One CC to Sri Papaiah Peddakula, Advocate [OPUC]

4. Two CCs to Public Prosecutor, High Court for the State of Telangana (OUT)

5. Two CD Copies BJLB NS

HIGH COURT OATEDiosl1212023

ORDER

I 1-rE sTATE CRLP.No.2070 of 2019 q j 1 l[\l fcJ Nr za -\ .^.

,'l t I Da..)fi' Cl.'

CRIMINAL PETITION IS DISMISSED I