Dodla Padma Reddy, v. State Of Telangana

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.3127 OF 2018 ORDER:

The petitioner is the accused in Crl.M.P.No.2189 of 2016, on the file of the VIII Metropolitan Magistrate, Rajendra Nagar, which is outcome of private complaint of the 2nd respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The petitioner is seeking to quash the proceedings. 2.

Notice sent to the 2nd respondent by Registered Post from the Jubilee Hills Postal Office to the Shamshabad address and the Postal Department letter to the complaint of the petitioner/accused is with endorsement of 'item delivered on 17.03.2018' is a sufficient service from the postal receipt and the said endorsement with no representation for the 2nd respondent/complainant taken as heard. 3.

Heard learned counsel for the petitioner and the learned Public Prosecutor for the 1st respondent State. Perused the quash petition grounds and the complaint.

4.

It is one of the contentions in seeking to quash the proceedings that already police complaint is given prior to the filing of the very cheque case of the cheques obtained and are in misuse. If at all such is the case, it is a matter to be decided before trial Court after elaborate factual aspects to be adduced and premature for the Court to quash the proceedings even on that ground, but for left open such defence, that too when cheque routed from the account and signature not in dispute. 5.

Having regard to the above, by left open all the defences, the Criminal Petition, rather than dismissal, disposed of.

Dr. SSRB,J Crl.P.No.3127 of 2018 Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence.

_______________________________ DR.B.SIVA SANKARA RAO, J Date: 29th January, 2019 KL

Dr. SSRB,J Crl.P.No.3127 of 2018 THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.3127 OF 2018 Date: 29th January, 2019 KL