Atul Bhagwati Prasad Daga v. Shri Vijay Kumar Agarwal
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERBAD THURSDAY ,THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NOs: 't1081 AND 110820F 2023 Between:
Atul Bhagwati Prasad Daga, s/o Shri Bhagwati Prasad Narsinghdas Daga aged aboul 42 years Occ. Business Fi/o. 54 Navjeevan colony, Near Sai Mandir, Wardha Road' NagPur'
...PETrroNER AND 1.
Shri Vijay Kumar Agarwal, s/o Jugal Kishore aged 42 years, Occ. Business Rl/o H. No.4-3-7414A, Dwaraka Nagar Adilabad. ...RESPONDENT The State of Telangana, Rep., by its Public Prosecutor, High Court at HYderabad ...RE.P.NDENT Petitions under Section 482 of CI.P.C praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to allow the Criminal petition, thereby quashing the impugned complaint under section 138 of the Nl Act vide CC No. 198 and '14 ot 2018 pending on the file of learned Principal Judicial Magistrate-|, Adilabad as not maintainable and forthwith discharged the accused.
l.As. NO: 2OF 2023 in CRL.P.NOsr1081 and 11082of2O23 Petitions 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 direct stay of all further proceedings in CC. No. 198 and 14 of 2018 on the file of learned Principal Judicial Magistrate-|, Adilabad pending disposal of the present Criminal Petitions.
These Petitions coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri AADESH VARMA ,Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No.2 and none for the Respondent No. 1. The Court made the following: COMMON ORDER i ----!i:e!!:alt5.aa*
THE HONOURABLE SRI JUSTICE K.SURENDER CRI INAL PETITION Nos.11O81and 11082 oF 2023 OR DER Since both the Criminal petitions are filed under Section 482 of the Code of Criminal Procedure, L973 (for short.Cr.p.C.) by the same petitioner-accused seeking to quash the complaints under Section 138 of the Negotiable Instruments Act filed by the same respondent, numbered as C.C.Nos.19g of 201g and 14 of 20Ig on the file of the Prl. Judicial Magistrate of First Class at Adilabad, they t \ are being disposed of by this common order.
2.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. perused the record.
3.
Learned counsel for the petitioner would submit that the cheques in question were issued on account maintained by a Partnership Firm.
4.
The cheques do not reflect that the account is maintained by a Partnership Firm. Learned counsel relies on certain documents l
Crl.P€tition No'11O81and 11O82 of 2023 issued by the bank to support his argument that the cheques were issued on account maintained by a Partnership Firm'
5. In the absence of any of the cheque reflecting that the cheques were issued on account maintained by a Paftnership Firm' any averment in the complaint that the cheques were issued by a Partnership Firm, the said fact has to be decided by the trial Court'
6. Accordingly, the Criminal Petitions cre disposed of' Miscellaneous Petltions, pending if any, shall stand closed' sd/'P.CH'NAGABHUSHAMBA 1 ASSlsrANr REGP|TRAR i /ITRUE coPY// >*t " -.--^ SECTIOK OFFICER To, . The Principal Juridical Magistrate-l at Adilabad' -. . ^'
d"'i;iJ ani nnoesn"vARMA Advocate [oPUC].
rwo ccs to the PUBLIG ;AljIeiJi6R'O'Cl Hidr' court ror the state or 1) Telangana, at HYderabad'[OUT]
4. Two CD CoPies TL NS RI
HIGH COURT KSJ DATEO:0911112O23 ( 1 He sr.ArF o > a< oo C) .h .*< * 2 3 [Es 2[23 + o Dg.9pl1C'
COMMON OROER CRLP.No.11081 AND 11082 of 2O23 DISPOSING OF CRIMINAL PETITIONS.
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