Disposed

M/s Advaith Bio-fuels Limited v. The State of Telangana

Telangana HC13 Sept 2024CRLP/8216/2023

Case brief

AI extract

What is this about?

Single judge oral order quashing a petition to quash proceedings under Section 138 NI Act after payment was made. Petitioners directed to file a petition before the trial court. Pending miscellaneous petitions closed.

What did the court decide?

Criminal petition disposed of; petitioners directed to file appropriate petition before trial court; trial Court directed to consider same within reasonable time.

M/s Advaith Bio-fuels Limited Vs The State of Telangana — Cheque Dishonour | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENW FOUR

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PRESENI

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THE HONOURABLE SMT JUSTICE K. SUJANA

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CRIMINAL PETITION NO: 8216 OF 2023

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Between:

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Ivl/s Advaith Bio-fuels Limited, And its CIN U74999TG2016PLC110621 Registered office at D.No. 8-2-24811/7/13/A, PlotNo.13, First Floor, A-Block, Lakshmi Towers, Nagarjuna Hills, Panjagutta, Hyderabad, Telangana-82. Rep. Sai Mika Ditta Kavi M.D. Occ., Age.54

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Sai Mitra Ditta Kavi, S/o Late D.Dattatreyulu, Occ. Age.54 Represented as Ivlanaging Director of M/s Advaith Bio-fuels Limited, R/o H. No. 2-211ogl5lBl4, Flat No. 101 , llnd Floor, Sai Sampara Apartment, Shivam Road, Road No.7, Vaibhav Colony, Near Papaji Dhabad, Baghamberpet, Amberpet Post, Hyderabad, Telangana-50001 3.

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Suresh Kumar Mangalagiri, S/o Narayana Mangalalagiri, Occ. Age. 52, Represented as Managing Director of M/s Advaith Biofuels Limited, Rl/o Plot No.45, MLR Colony, Balapur X Roads, Saroor Nagar, Meerpet, K.V.Ranga ReddyDistrict,Telangana-500097. ...PETlTlONERS/ACCUSEDNo.I to3

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AND

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The State of Telangana, rep. by its Public Prosecutor, High Court at ...RESPONDENT

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Hyderabad

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lvlannem Praveen Kumar, S/o Mannem Ramakrishnaiah, Aged 35^years, occupation . Chartered Account,^presently residing at 12, Dronfield Gardens, Dagenham, Essex RM8 2YD, U.K. And^permanent resident of H.No. 6-4-376, Gali Skeet, Tirupathi, Rep by its G.P.A Holder Mannem Ramakrishnaiah S/o M.Lakshmaiah, Aged 65 years, Rl/o H.No. 8-121, Appalayagunta Village and Post, Thottambedu Mandal, Chittor Diskict, Andhra Pradesh-517540.

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.RESPONDENT/COMPLAINANT

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the fiilemorandum of Grounds of Criminal Petition, the High Court^may be pleased to call for the records relating to C C /N.1. No. 5860/2022^pending on the file of the Vlll Metropolitan Magistrate, Hyderabad and Quash the same against the Petitioners/Accused No. 1 to 3 herein.

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l.A. NO: 1OF 2023

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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

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be pleased to Stay all further proceedings including the appearance of the Petitioners/Accu sed No. 1 to 3 in C.C./N.1. No 586012022 pending on the file of the Vlll Metropolitan Magistrate, Hyderabad, pending disposal of the above Crrminal Petition.

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This Petition coming on for hearing, upon perusing the lr4emorandum of Grounds of criminal Petition and upon hearing the arguments cf sri B Sheshu Kumar, Advocate for the Petilioner and sri Arun Kumar Do(idra, Additionar Public Prosecutor on behalf of lhe Respondent No.1 and of Nore appeared for the Respondent No.2.

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The Court made the following: ORDER

t I

--7

' : '' .itr:..:::'

THE HONOURABLE^{SMT J{'STICE K. SUJANA}

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CRIMINAL^{PETITION No.8216 of 2023}

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ORAL ORDER:

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This Criminal^{Petition is hled under Section 482 of Cr'P'C''} seeking to^{quash theproceedings initiated against the} petitioners/ accused^{Nos.l to 3 in CC'NI'No'586Oot 2A22 on the file} of the VII^{Metropolitan Magistrate, Hyderabad' registered for the} offences punishable^{underSe ction 138 ofLhc Negotiable} Instruments^{Act,1881(for short Act,1881')'}

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I \

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2 Heard Sri B.Seshu^{Kumar, learned counsel for petitioners'} and Sri D.Arun^{Kumar,learned Additional Pub[cProsecutor'} State. None^{aPPeared for} appearing for^{resPondent No' 1} responden[^No.2.

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Learned counsel^{for the petitioners submittedthat the} entire amount^{of Rs.5,OO,OOO/-(Rupees Five Lakhs) rvas alrcady} paid by the^{pctitionersto the respondentNo 2 b1 i';ar)' of de rr'ai-rcl} draft bearing^{No.748883 dated 1O 1O'2O22 aod the receiptcum} undertaking in^{this regard is also fi1ed but the respondent No'2 is} not agreeing^{for the settlement'}

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4 . Having regard^{to the submissionmade by lcarnedcounse 1} for petitioners^{and on perusingthe receipt cum ui tdcl1-aking Cated} lO.lO.2022^{hled by petitioners, this CriminalPetitionis disposed}

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of, directing the petltioners to file appropriate pelition before the trial Court. F'trrthcr, on liling of such petition by the peLitioners, lhe trial Court i> rirrected to consider the same within reasonlble time

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Pe r-rdi ng miscellaneous petit.ions, if an1., in thrs Criminal

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Petition shall ;rlso stand closed.

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Sd/. P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The XVll Additional Chief Metropolitan lv'lagistrate at Nampally, Hyderabad

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The Vlll lvletropolitan tvlagistrate, Hyderabad.

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Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)

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One CC to SRl. B SHESHU KUMAR Advocate [OPUC]

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Two CD Copies

LSR],DL

HIGH COURT

DATED:1310912024

ORDER

CRLP.No.8216 ot 2023

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¶53

DISPOSING OF CRIMINAL PETITION

¶54

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M/s Advaith Bio-fuels Limited v. The State of Telangana

Case brief

What is this about?

What did the court decide?

M/s Advaith Bio-fuels Limited v. The State of Telangana

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

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