The High Court disposed of multiple criminal petitions filed under Section 482 CrPC seeking quashing of orders in cheque dishonour cases. Due to lack of instructions from all parties, the Court closed the petitions.
All criminal petitions stood closed due to lack of instructions on either side.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
tN THE HIGH COURTFOR THE STATEOF TELANGANA AT HYDERABAD
THURSDAY,THE SIXTEENTH DAY OFNOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICEE.V. VENUGOPAL
CRIMINAL PETITION Nos:11301 1 1302.'l 1303 1 1304.11305. 11307 11313. 11314 and 11315 ot 2015
Crl . Petition No. 1'1301 of 2015:
Between:
V. Kiran Kumar, S/o. Muralaiah Occ:Business R/o.Plot No.'173, Venkateshwara Colony QuthbullapurlrrlunicipalCircleand Mandal GHMC, Ranga Reddy District.
...PETITIONER/ ComPlainant
AND
...RESPONDENTS
Petition under Section 482 of Cr.P.Cpraying that in thecircumstances stated in the Memorandum of Groundsof Criminal Petition,the High Court may be pleased to quash the Common dated 15-10-2015in Crl.M.P.N0.1773of 2015 in C.C.No.1OO of 2015 on file of SpecialMagistrate Court-ll, Rajendra Nagar, R.R. District.
l.A. NO: 1 OF 201 5(CRLPMP. NO:11384 OF201s)
Petition under Section 482of Cr.P.Cprayingthat in the circumstances stated in the Memorandum of Groundsof Crlminal Petition,the High Court may be pleased to stay all further proceedings in CC No.100 of 2015pending on the file of the Special Magistrale Court-ll,Rajendranagar,RR Districtin the interestof justice.
This Petition coming on for hearing,uponperusingthe Memorandumof Grounds of Criminal Petition and upon hearingthe argumentsof Sri MOGILI ANAVENI ,Advocate for the Petitione( being notpresent) Sri VizarathAli, Asst.
and the Public Prosecutor on behalf of the Respondent No.1. and of Sri C. Sharan Reddy, Advoc rte for the Respondent No. 2
Crl.P.No. 113t)2 of 2015
Between:
V. Kiran KumeLr, S/o. Muralaiah Occ: Business Rl/o. Plot No.1 73, Venkateshwara Colony Quthbr llapur Municipal Circle and Mandal GHMC, Ranga Reddy District.
...PETITIONERY Complainant
AND
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to qurrsh the Common Order dated 15-10-2015 in Crl.M.P.No.1770 of 2015 in C.C.N,r.97 ot 2015 on file of Special Magistrate Court-ll, Rajendra Nagar, R.R. District.
l.A. NO: 1 OF i201S(CRLPMP. NO: 11385 OF 20'15)
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lt,lemorandum of Grounds of Criminal Petition,the High Court may be pleased to sta / all further proceedings in CC No.97 of 2015 pending on the file of the Special l/lagistrate Court-ll, Rajendranagar, RR District in the interest of justice.
This Pe tition coming on for hearing,upon perusing the Memorandum of Grounds of Cr minal Petition and upon hearing the arguments of Sri Vizarath Ali, Asst. and the)ublic Prosecutor on behalf of the Respondent No.1. and of Sri C. Sharan Reddy, Advocate for the Respondent No. 2 and counsel for the petitioner being not pres,lnt.
I{
Crl.Petitio n No. 11303 of 2015:
Between:
V. Kiran Kumar, S/o.Irituralaiah Occ:BusinessR/o. Plot No.173' Venkateshwara Colony QuthbullapurMunicipal Circleand Mandal GHMC,Ranga Reddy Dishict
...PETITIONERY ComPlainant
AND
Petition under Section 482 ofCr.P.C praying that in thecircumstances stated in the Memorandum of Groundsof Criminal Petition,the High Court may be pleased to quash the Common Order dated15-10-201 5in Crl M.P.No.1776 o{ 2015 in C.C.No.99 of 2015 on file of SpecialtvlagistrateCourt -ll, RajendraNagar, R.R. District.
l.A. NO: 1 OF 2015(CRLPMP.NO:11386 0F 2015)
Petition under Section 482 of Cr.P.Cpraying that in thecircumstances stated in the Memorandum ofGroundsof CriminalPetition' the High Court may be pleased to stay all further proceedings in CCNo. 99 of 2015 pending on the file of ihe Special Magistrate Court-ll,Rajendranagar,RR Districtin the interest of justice.
This Petition coming on forhearing,upon perusingthe Memorandum of Grounds of Criminal Petitionand upon hearing the argumentsof Sri MOGILI ANAVENI ,Advocate for thePetitioner( being not present)Sri VizarathAli, Asst' and the Public Prosecutor onbehalf of the Respondent No.1. and of Sri C. Sharan Reddy, Advocate for the RespondentNo, 2
Crl.P.No. 11304 of 2015
Between:
V. Kiran Kumar, S/o. Muralaiah Occ:BusinessR/o. Plot No.173, Venkateshwara Colony, QuthbullapurMunicipal Circleand MandalGHMC, RangaReddy District.
...PETITIONER/ ComPlainant
AND
,/
...RESPONDENT/COMPLAINANT
Petitiorr under Section 482 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to qtrash the Common Order dated 15-10-2015 in Crl.lt/.P.No- 1769 of 2015 in C.C.llo . 97 ol 2O15 on file of Special Magistrate Court-ll, Rajendra Nagar, R.R. District.
l.A. NO: 'l OF 201S(CRLPMP. NO: 11387 OF 2015)
Petitior under Section 482 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition,the High Court may be pleased to stzry all further proceedings in CC No.97 of 2015 pending on the file of the Special lagistrate Court-ll, Rajendranagar, RR District in the interest of justice.
This P..tition coming on for hearing,upon perusing the Memorandum of Grounds of Oriminal Petition and upon hearing the arguments of Sri MOGILI ANAVENI ,Advocate for the Petitioner( being not present) Sri Vizarath Ali, Asst. andthePublir Prosecutor on behalf ofthe Respondent No.1. and of Sri C. Sharan Reddy, Advocate for the Respondent No. 2.
Crl.P.No. 11305 of 2015 :
Between:
V. Kiran Kum;rr, S/o. Muralaiah Occ: Business Fl/o. Plot No.1 73, Venkateshwara Colony Quthbullapur Municipal Circle and Mandal GHMC, Ranga Reddy Diskict.
...PETITIONERY Complainant
AND
...RESPONDENTS
,7 .,i
t
Petition 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 lo quash the Common Order dated 15-10-20'15 in Crl.M.P.No. 1768 of 2015 in C.C.No.97 of 2015 on file of Special Magistrate Court-ll, Rajendra Nagar, R.R. District.
NO: 1 OF 201 CRLPMP. NO: 11388 OF 2 1
Petition 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 stay all further proceedings in CC No.97 of 2015 pending on the file of the Special [Vlagistrate Court-ll, Rajendranagar, R.R District in the interest of justice.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MOGILI ANAVENI ,Advocate for the Petitione( being not present) Sri Vizarath Ali, Asst. and the Public Prosecutor on behalf ofthe Respondent No.1. and of Sri C. Sharan Reddy, Advocate for the Respondent No. 2
Crl.Petition No. 11307 of 2015 :
Between:
V. Kiran Kumar, S/o. Muralaiah Occ: Business R/o. Plot No.1 73, Venkateshwara Colony Quthbullapur Municipal Circle and Mandal GHMC, Ranga Reddy District.
...PETITIONER/ Complainant
AND
...RESPONDENTS
Petition 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 quash the Common Order dated 15-10-2015 in Crl.M.P.No.1771 of 2015 in C.C.No.100 of 20'15 on file of Special Magistrate Court-ll, Rajendra Nagar, R.R. District.
t.A. NO : 1 OF 2015( CRLPMP. NO: 11390 OF 2015)
Petition under Section 482 of Cr.P.C praying thal in the ctrcumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be
r1
pleased to stay all further proceedings in CC No.100 of 2015 pending on the file of the Special [4agistrate Court-ll, Rajendranagar, RR District in the interest of justice.
This Pt:tition coming on for hearing,upon perusing the Memorandum of Grounds of C riminal Petition and upon hearing the arguments of Sri MOGILI ANAVENI ,Ad /ocate for the Petitione( being not present) Sri Vizarath Ali, Asst. and the Public Prosecutor on behalf of the Respondent No.1. and of Sri C. Sharan Reddy, Advocrlte for the Respondent No. 2
Crl.Petition No. 1 1313 of 201 5 :
Between:
V. Kiran Kumar, S/o. Muralaiah Occ: Business R/o. Plot No.173, Venkateshwara Colony Quthbullapur Municipal Circle and Mandal GHMC, Ranga Reddy Diskict.
...PETITIONER/ Complainant
AND
...RESPONDENTS
Petition 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 qu.sh the Common dated 15-10-2015 in Crl.M.P.No. 1775 of 2015 in C.C.No. 99 ol 20'15 on file of Special Magistrate Court-ll, Rajendra Nagar, R.R. District.
l.A- NO: 1 OF i 01s(CRLPMP. NO: 11395 Of 2015)
Petition 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 stal all further proceedings in CC No.99 of 2015 pending on the file of the Special Magistrate Court-ll, Rajendranagar, RR District in the interest of justice.
This Pelition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MOGILI ANAVENI ,Advocate for the Petitione( being not present) Sri Vizarath Ali, Asst. and the Public l)rosecutor on behalf of the Respondent No.1. and of Sri C. Sharan Reddy, Advoca:e for the Respondent No. 2
Crl.PetitionNo.11314 ol 2015:
Between:
V. Kiran Kumar,S/o. Muralaiah Occ:Business Vq ?to]No'173'Venkateshwara &r.il;b;i;ilillprir'/,lrni"ipirCircte ina Manaat GHMC,Ransa Reddv District
...PETITIONERY ComPlainant
AND
...RESPONDENT/COMPLAINANT
Petition under Section482 of Cr.P C prayingthat in the circumstances statedin theMemorandum of Groundsof Criminal Petition,the High Court may be .,l"ased to ouash the Commondated 15-10-2015in Crl'M P'No 1772 of 2015in 6c-.-r.r"ioo-"i iorson file of speciat Magistratecourt-1,RajendraNagar, R.R. District.
l.A. NO:1 oF20'l5(CRLPMP. NO:11396 0F2015)
Petition underSection482 of Cr.P'Cprayingthat in thecircumstances statedin theMemorandumof Groundsof CriminalPetition'theHigh Court may be oleased to stav all furtherproceedingsin CC No"tO0 of 2015 pending on the file of 'tirsistiaie Court-rr, Rijendranasar, RR District in the interest of il;l;;rt justice.
This Petition comingon for hearing,upon perusingthe Memorandum of Grounds of CriminalPetitionandupon hearing the argumentsof Sri MOGILI ANAVEN|,AdvocateforthePetitione(beingnotpresent)SriVizarathAli,Asst. andthePublicProsecutoronbehalfoftheRespondentNo.l.andofSriC.Sharan Reddy, Advocatefor the Respondent No. 2
Crl.Petit n t\ o. 11315 of 2015
Between:
V. Kiran Kum ar, S/o.MuralaiahOcc: BusinessR/o Plot No.173, Venkateshwara Colony Quthb rllapurMunicipal Circleand Mandal GHMC,Ranga Reddy District'
...PETITIONER/ ComPlainant
AND
...RESPONDENTS
Petition under Section482 ofCr.P.C praying that in the circumstances stated in the Memorandumof Groundsof Criminal Petition, the High Court may be pleased to quash the Common dated 15-10-2015in Crl.M.P.N0.1774 of 2015 in C.C.No. 99 ol 2015 onfile of Special Magistrate Court-ll, Rajendra Nagar, R.R. District.
l.A. NO: 1 OF2 015(CRLPMP.NO: 11397 OF 2015)
Petition under Section482 of Cr.P.Cprayingthat in the circumstances stated in the t\lemorandumof Groundsof Criminal Petition,theHigh Court may be pleased to stay all furtherproceedings in CCNo.99of 2015 pending on the file of ine Special f\lagistrate Court-ll,Rajendranagar,RR District in the interestof justice.
This P€tition coming on forhearing, upon perusingthe Memorandum of Grounds of Criminal Petitionand upon hearing the argumentsof Sri MOGILI ANAVENI ,Ad'rocate for thePetitione(being not present)Sri Vizarath Ali, Asst. and the Public Prosecutor on behalfof the RespondentNo.l and ofSri C. Sharan Reddy, Advocitte for the RespondentNo.2
The Court marle the followingCOMMON ORDER:
I]
.at]
THE HONOURABLESRI JUSTICE E. V. VENUGOPAL
CRIMINALPETITIONNOs.113O1Lt30211303 11304.11305 .11307. 11313.11314 and 11315
of 2015
COMMON ORDER:
Since the issueinvolvedin all these Criminal Petitions is one and thesame, they are being heard together and disposed of by way ofcommon order.
I
2
The brief facts of the case are that the petitioner's wife entered into a lease deed dated 15.08.2012 in respect of Medical Ha,Il in the premises of Aaron Hospital, situated at H.No.1-(,4, Balaji nagar Nanthirerrula, Gandipet Road, Narsingi Rajendranagar and Mandal, Rangareddy District ald as per the terms ald conditions of the lease agreement the petitioner's wife paid Rs.8,OO,OO0/- (Rupees Eight lakhs only) in <:ash towards advance amount to respondent No.2 for the said premises on the date of executing the lease deed and medical shop was run for some period and due to some differencr:s between the petitioner's wife and respondent No.2 herein, the said lease was cancelled mutually and respondent No.2 issrred a cheque bearing No.434893 dated 12.06.2073 for Rs.7,01,OOO/- in the name of petitioner towards part payment of advance amount paid by the petitioner,s wife, when tht: said cheque was presented for payment with his banker I[/s.Andhra Bank, Chintal Branch, euthbullapur Municipal Circle and Mandal, GHMC, Rangareddy District on 03.09.20.3, the said cheque was returned unpaid with an
3
endorsement "Funds insufficient" vide cheque returnmemo dated 05.O9.2013.
_a+--
:t
4
a.
Crl.M.P.Nos. 1768, 1769 and l77O of 2O15 in C.C.No.97 of 2OI5, rlr1.M.P.Nos.1771, 1772 and 1773 of 2OI5 in C.C.No.l0O of 2015, Crl.M.P.Nos.7774, 1775 and 7776 of 2015 in C.C.No.99 of 2Ol5 and sought to allow the petitions filed unrler Section 91 of Cr.P.C and Section 311 of Cr.p.C requestirrg to reopen the case, to call for the letter addressed by respondent No.2/accused to the Branch Manager, Syndicate Bank, Narsingi Branch, Hyderabad and to produce the said letter for the purpose of marking the same as exhibit and the learned trial Court has observed that the learned counsel for respondent No.2/accused submitted his argumen bs and the cases were posted to hear the counsel for the com clajnant/petitioner and opined that the Criminat Miscellan eous Petitions were Iiled at a belated stage and dismisse<l the said petitions by passing a common order dated 15.1O.20i5. Aggrieved by the said common order dated 15.10.20 15, these criminal petitions are filed praying to quash tht: impugned proceedings.
r'::l'
B. The.:e is no representation on behalf of petitioner. Mr.C.Sha:an Reddy, learned counsel appearing for responderrt No.2 would submit that there are no instructions
5
t t
on behalf of respondent No.2. Hence, seeks to close these criminal petitions.
\
I
I 1. Having regard to the submissions made by the learned counsel for respondent No.2 and learned Assistant Public Prosecutor and upon perusing the material available on record, this Court is inclined to close all these Criminal Petitions due to lack of instructions on either side. Accordingly, the Criminal Petitions stand closed. Needless to mention, the petitioner is at liberty to workout remedies as available under law.
lr
6
't .
Mir;cellaneous Petitions, pending if any, shall stand
closed.
SD/. V.KAVITHA
ASSISTANT REGIS R
//TRUE COPY//
SECTI OFFICER
To
HIGH COURT
DATED:1611t12023
COMMON OIIDER
CRIMINAL PI:TlTl ONNos :'l 1301 11302 1 1303 11304 11 30 5. 1 1307 11313 11314 and11315 ot 2015
-, !r::. S
<br>"i<br>ooJ 2 a Ftl 2024 {
Ds.: . ,a,1.)
5/
CLOSING THE ALL CRL.PETITIONS
i\rl
<br>
1 issue framed by the court
Whether criminal petitions seeking quashing or staying proceedings for cheque dishonour should be allowed given lack of instructions.
1 provisions across 1 enactments
V. Kiran Kumar
The State of Telangana
Aleyamma Sebastian
E.V. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
