This criminal petition under Section 482 CrPC was allowed, quashing proceedings in a cheque bounce case because the accused had paid the disputed amount, rendering further proceedings an abuse of process.
Criminal Petition allowed; proceedings in C.C.No.317 of 2010 quashed; pending miscellaneous petitions dismissed.
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HON'BLE SRI JUSTICE B.SESHASAYANA REDDY
Criminal Petition No.6513 of 2010
ORDER:-
This Criminal Petition has been taken out under Section 482 of Cr.P.C. by the accused in C.C.No.317 of 2010 on the file of the I- Additional Chief Metropolitan Magistrate, Hyderabad (re-numbered as C.C.No.423 of 2011 on the file of the XIII-Special Magistrate at Erramanzil, Hyderabad).
The 1st respondent is the complainant and the petitioner is the accused in C.C.No.317 of 2010. The 1st respondent – complainant presented a complaint in the Court of the I-Additional Chief Metropolitan Magistrate, Hyderabad, alleging inter alia that the petitioner-accused issued a cheque for Rs.93,174/- towards discharge of legally enforceable liability. The 1st respondent – complainant presented the cheque for encashment and on presentation the same came to be dishonoured on the ground of insufficient funds. Thereafter the 1st respondent – complainant issued a notice dated 18-3-2007 calling upon the petitioner – accused to pay the amount covered under the cheque in question. There being no payment despite the statutory notice, the petitioner-accused is liable for the offence under Section 138 of the Negotiable Instruments Act. Hence, this Criminal Petition by the accused.
When the Criminal Petition came up for consideration, it is represented by the learned Counsel appearing for the respondent No.1 – complainant that the petitioner-accused paid the amount covered under the cheque in question and therefore 1st respondent – complainant has no grievance against the petitioner – accused as on this day.
Under Section 147 of the Negotiable Instruments Act, offences under the provisions of Section 138 of the Negotiable Instruments Act are made compoundable.
The petitioner as well as the 1st respondent placed on record memo reporting the fact of payment of amount covered under the cheque in question. Such is the situation, continuance of proceedings in C.C.No.317 of 2010 on the file of the I-Additional Chief Metropolitan Magistrate, Hyderabad (re-numbered as C.C.No.423 of 2011 on the file of the XIII-Special Magistrate at Erramanzil, Hyderabad) amounts to abuse of process of Court.
Accordingly, the Criminal Petition is allowed quashing the proceedings in C.C.No.317 of 2010 on the file of the I-Additional Chief Metropolitan Magistrate, Hyderabad (re-numbered as C.C.No.423 of 2011 on the file of the XIII-Special Magistrate at Erramanzil, Hyderabad). As sequel to it, Miscellaneous Petitions, if any pending, shall stand dismissed.
________________________ B.Seshasayana Reddy, J
17th September, 2012 smr
2 issues framed by the court
Whether proceedings under Section 138 of the Negotiable Instruments Act should be quashed when the debt has been discharged by payment.
Whether continuance of criminal proceedings after satisfaction of complaint amounts to abuse of process of Court.
3 provisions across 2 enactments
Accused
Complainant
B.Seshasayana Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
