Dismissed

K.S.Subrahmaniam and Anr. v. the State of Ts., Rep. by P.P. and Another

Telangana HC1 Sept 2023CRLP/3622/2017

Case brief

AI extract

What is this about?

This order dismisses two criminal petitions filed under Section 482 Cr.P.C. for quashing Section 138 NI Act complaints. The Court noted the unknown trial stage and abolition of Special Courts but ultimately dismissed the petitions due to lack of knowledge on proceedings status, leaving liberty to file if the cause survives.

What did the court decide?

Both Criminal Petitions dismissed. Liberty given to petitioners to take steps if the cause survives.

K.S.Subrahmaniam and Anr. Vs the State of Ts., Rep. by… — Cheque Dishonour | Telangana HC (2023)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

FRIDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

¶3

PRESENT

¶4

l THE HONOURABLE SRI JUSTICE K-SURENDER

¶5

:.: . CRIMINAL PETITION Nos: 3618 &3622OF 2017

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CRIMINAL PETITION NO.3618 OF 2017:

¶7

Between:

¶8

1 . K.S.Subrahmaniam, S/o. Late. K.Venkateswara Rao Aged about :66 Years, Retired Employee, R/o .D.No.7-1 3211 ,Plot.No.13, Block.No-42, Lahari Green Park, Kondakal,Shankarpally, Hyderabad- 501203.

¶9

CH.V.S.S.R.Prasad , S/o. CH.P.Ramamurthy, Aged about. 53 Years, R:/o. D.No. 24-13841112, F.102, Sri Lakshmi Enclave, Kakatiya Nagar, Neredmet, Secunderabad-500 056

¶10

...PETITIONERS/ACCUSED NO. 5 & 6

¶11

AND

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The State of Telangana Rep.by its Public Prosecutor, High Court of Judicature, Hyderabad.

¶13

M/s. Seven Energies Ltd., Having its Office at No. 85, HlG, Phase .V. K.P.H.B. Colony Kukatpally, Hyderabad, Rep. by its h/anaging Director Sri K.Vijaya Bhasker

¶14

...RESPONDENTS/COMPLAINANT

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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 complaint in C.C.No.SB of 2015, on the file {ll Special Magistrate,Erramanzil, in favour of the^petitioners No.1 & 2 herein.

¶16

l.A. NO: 1 OF 2017(GRLPMP. NO: 3664 OF 2017)

¶17

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 including the personal appearance of the Petitioners No.1 and 2 in C.C.No.58 of 2015, on the file of the lll Special lvlagistrate, Erramanzil,^pending disposal of the above Crlp No.3618 of²⁰¹⁷

¶18

¶19

CRIMINAL PETlTl,)ll^NO.3622 OF^2017:

¶20

Between

¶21

K.S.Subrahr raniam, S/o. Late. K.Venkateswara Rao Agerl arbout :66^Years, Retired Employee, R/o.D.No.7-13211,Plot.No.13, Ellock.No.12, Lahari Green Park, Konda<al,Shankarpally, Hyderabad- 501203.

¶22

CH.V.S.S.R. Prasad , S/o. CH.P.Ramamurthy, Agal about.^{i3 'ears, Rt/o- D.No.24-13841112, F.102, Sri Lakshmi Enclav3, Kakr:ti'7a I'lagar, Neredmet, S ecunderabad-500 056

¶23

..PETlTlOhrERSr\C:CUriED No. 5 & 6

¶24

AND

¶25

The State of Telangana Rep.by its Public Prosecutor, High Oourl of Judicature, l- yderabad.

¶26

M/s. Seven I nergies Ltd., Having its Office at No. 85, HlG, F)har;e -V. K.P.H.B. Col rny Kukatpally, Hyderabad, Rep. by its. Managirrg ftirector Sri. K.Vijaya Bha sker

¶27

... RESPC NDENTti^/Co I\4 P LAINANT

¶28

Petition und:r Section 482 ol Cr.P.C., praying that in tl're r;ircumstances stated in the Memo'andum of Grounds of Criminal Petition, the High Court may be pleased to quash the complaint in C.C.No.57 of 2015, on the file lll Special Magistrate,Erramar zil, in favour of the petitioners No.1 E 2 herin

¶29

l.A. NO:1OF 2017rCRLPMP. NO:3675OF 20171

¶30

Petition undor Section 482 of Cr.P.C., praying that in tl-e circumstances stated in the Memo andum of Grounds of Criminal Petitic,n, the H gh Court may be pleased to stay all further proceedings including the personal al)peilrance of the Petitioners No.1 a rd 2 in C.C.No.57 of 2015, on tl'e file o the lll Special Magistrate, Erramanzil, pending disposal of the above Cr^p.No.l|6:12 c,f 201 7

¶31

These Petitic ns coming on for hearing, upon perusing ttre Me"norandum of Grounds of Crimina Petitions and upon hearing the arguments ol Sri ADDEPALLI LAKSHMI NARAYI NA,Advocate for the Petitioners ard the Publio Prosecutor (TG) on behalf of tlre Respondent No,1 and None appeared for the Respondent No- 2 in both of the lriminal Petitions Nos. 3618 and 362.2 of 2C1i

¶32

The Court made th(, f,:llowing: COMMONORDER

¶33

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos.3618 & 3622 OF 2o*.1

¶34

COMMON ORDER:

¶35

These petitions are filed seeking to quash the complaints in C.C.No.57 of 2015 and C.C.No.58 of 2015 on the file of III Special Magistrate, Erramanzil.

¶36

There is no representation on behalf ol the petitioners.

¶37

As seen from the record, the petitionersi A-5 and A-6 are questioning their implication for the offence under Section 138 of the Negotiable Instruments Act, 188 1. The stage of the proceedings in the trial Court is not knou,n.

¶38

Learned Additional Public Prosecutor submits that the Special Courts have been abolished and the case has been transferred.

¶39

Since it is not known regarding the stage of^the proceedings in the trial Court, this Court is not inclined^to keep the petitions^pending.

¶40

I r.

¶41

¶42

Accorrlingly, both the Criminal Pr:t:tions are dismissed. However, libert1. is given to the pe titi,)ners to take steps if the cause survives. Ivli:;ce.laneous

¶43

applications pending, if any, shall stand closed.

¶44

Sri/- B. SARASWATHI ASSiISTA\T REGISTRAR

/iTRUE COPY//

( )D

I;EC1'ION OFFICER

To,

The Court of lll Special Magistrate,Erramanzil,Hyderabzrd

¶50

The Station House Officer, Panjagutta Police Stat on, Hyde,rabad.

¶51

Two CCs tc the Public Prosecutor, High Court for the Stato of Telangana at Hyderabad [OUT]

¶52

One CC to SRl. ADDEPALLI LAKSHMI NARAYANA, Aclvccab [OPUC]

¶53

Two CD Cories

pcsd u.v kam

HIGH COURT

DATED:01/09/202 )

COMMON ORDEII

CRLP.Nos.3618l,ND 3622 OF 2017

¶59

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¶60

DISMISSING THT C;RIMINAL PETITIONS

K.S.Subrahmaniam and Anr. v. the State of Ts., Rep. by P.P. and Another

Case brief

What is this about?

What did the court decide?

K.S.Subrahmaniam and Anr. v. the State of Ts., Rep. by P.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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