Andhra Pradesh High Court - Amravati
C. Siva Kumar Reddy, vs The State Of Andhra Pradesh on 21 January, 2022
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.170 of 2022
ORDER:-
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking quash of proceedings in C.C.No.726 of 2020 on the file of the learned I Additional Chief Metropolitan Magistrate, Visakhapatnam.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the 1st respondent/State.
The petitioner is the sole accused in C.C.No.726 of 2020 on the file of the learned I Additional Chief Metropolitan Magistrate, Visakhapatnam. He has been facing prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, on the allegation that the cheque that was issued by him in discharge of legally enforceable liability was dishonored.
Learned counsel for the petitioner would submit that there is a civil dispute between the petitioner and the friend of the 2nd respondent, who is the de facto complainant, and the cheques that were issued in connection with the said civil dispute between the petitioner and the friend of the 2nd respondent are used for the purpose of filing the present case and it is a false case foisted against the petitioner and allowing the proceedings to continue against the petitioner in the said facts and circumstances of the case would amount to abuse of process of Court. Therefore, he 2 would pray for quash of proceedings in C.C.No.726 of 2020 on the file of the learned I Additional Chief Metropolitan Magistrate, Visakhapatnam.
The said contention raised by learned counsel for the petitioner pertains to purely a disputed question of fact. Whether the cheques that were issued to the friend of the de facto complainant were now pressed into service for the purpose of filing this case or not and whether the said cheques are issued in discharge of any legally enforceable debt or not is also purely a disputed question of fact, which are all required to be ascertained in the final adjudication of the said case in the trial Court. This Court cannot go into the disputed questions of fact in a petition filed under Section 482 Cr.P.C. The said contention requires evidence and appreciation of evidence by the trial Court. There are absolutely no valid legal grounds emanating from the record warranting interference of this Court under Section 482 Cr.P.C in exercise of its inherent powers to quash the said proceedings. Therefore, the Criminal Petition lacks merit.
Resultantly, the Criminal Petition is dismissed. Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 21.01.2022 AKN 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.170 of 2022 Date: 21-01-2022 AKN