High Court for State of TelanganaCRLRC/1895/2013dismissed

Alka Sharma v. Smt. V.Padma

2015-06-04M.S.K.Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL REVISION CASE No.1895 of 2013 Between:

Alka Sharma ..... PETITIONER AND Smt.V.Padma and another .....RESPONDENTS The Court made the following:

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL REVISION CASE No.1895 of 2013 ORDER:

This Criminal Revision Case is filed against the order dated 29.04.2013 in Crl.MP.No.585 of 2012 in C.C.No.38 of 2010 on the file of the 1st Additional Judicial

First Class Magistrate, Warangal.

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the State.

The 1st respondent herein filed three complaints against the petitioner/accused under Section 138 of Negotiable Instruments Act on the file of the 1st Additional Judicial First Class Magistrate, Warangal in the year 2010. In the said three complainants trial has been commenced and they are at the stage of cross examination of PW 1. At this stage, the petitioner/accused filed Crl.MP.No.585/2012 seeking return of the complaints contending that the Court below has no jurisdiction to try those cases. The Court below on hearing both sides dismissed the Crl.MP.No.585/2012 on merits.

Admittedly, the cheques were deposited in the Bank of India, Warangal and the same were dishonoured by the same Bank. The 1st respondent/complainant issued legal notice to the petitioner/accused from Warangal. As per proviso to Sec.138 of Negotiable Instruments Act, the Court below rightly took cognizance of the cases against the petitioner/accused. A perusal of the impugned order and the contentions of the learned counsel appearing for the petitioner do not make any different view other than the view taken by the Court below. The order of the Court below does not suffers from any infirmity, and therefore, the Criminal Revision Case is dismissed. Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAISWAL,J Date: 04.06.2015 Dsr