Disposed¶28

Mohammed Khursheed Jahangir v. Basavaraj Srinivas

Telangana HC3 Feb 2025CRLP/5121/2018

Case brief

AI extract

What is this about?

Criminal Petition (CRLP) No. 5121 of 2018, High Court for the State of Telangana, decided 03-02-2025 by K. Surender, J. Petition under Section 482 Cr.P.C. to quash private complaint C.C.No.1187 of 2017 (cheque dishonour, Section 138 Negotiable Instruments Act 1881) before IV Special Magistrate, Hasthinapuram, Ranga Reddy District. Disposed of with liberty to file fresh quash petition if case pending before any court; earlier quash petition noted; pendency and status of trial court case unknown; miscellaneous applications closed; no decision on merits; no precedents discussed.

What did the court decide?

Liberty granted to the petitioner to file a fresh quash petition in the event of the case pending before any court; miscellaneous applications pending, if any, stood closed. ¶28

Mohammed Khursheed Jahangir Vs Basavaraj Srinivas — Cheque Dishonour | Telangana HC (2025)

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to file a fresh quash petition in the event of the case pending before any court; miscellaneous applications pending, if any, stood closed.

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Issue for consideration

Whether the private complaint in C.C.No.1187 of 2017 on the file of the IV Special Magistrate, Hasthinapuram, Ranga Reddy District (offence under Section 138 NI Act) was liable to be quashed under Section 482 Cr.P.C. — an issue the Court ultimately did not decide on merits owing to uncertainty as to the present court of pendency and status of the case.

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Ratio / Principle

Since learned counsel for the petitioner was unable to state the exact court where C.C.No.1187 of 2017 is presently pending and the status of the case was not known, the Criminal Petition was disposed of, granting liberty to the petitioner to file a fresh quash petition in the event of the case pending before any court.

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Key takeaways

Miscellaneous applications pending, if any, were directed to stand closed.ratio¶29

Detailed headnote1 paragraphs

Telangana High Court (K. Surender, J.), by order dated 03-02-2025, disposed of a Criminal Petition under Section 482 Cr.P.C. seeking quashing of a private complaint in C.C.No.1187 of 2017 on the file of the IV Special Magistrate, Hasthinapuram, Ranga Reddy District, wherein the offence alleged against the petitioner was under Section 138 of the Negotiable Instruments Act, 1881. An earlier quash petition had been filed while the case was pending before the IV Special Magistrate. As learned counsel for the petitioner was unable to state the exact court where the case was then pending, and its status was not known, the Court declined to adjudicate the quash prayer and disposed of the petition granting liberty to file a fresh quash petition if the case is pending before any court. Miscellaneous applications pending, if any, were closed. The matter was decided purely on the footing of uncertain pendency; no ruling on the merits of the complaint or on quashing standards was rendered.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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Between

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Mohammed Khurshe"_Uqlqngir, occ: Business, R/o. villa No.g6, Mye Villas, Mallapur, Hyderabad-500076.^-

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...PETITTONERYACCUSED

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AND

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Basavaraj srinivas, chairman $/s. Bqsavagju Krishna Bai ( Lakshmi) Educational Society, No_mula Village,JManch6l Mandal, ninbi neddy'District, R/o. 3-9712, Road No.15, Snehapuri Colony, Saroornagar, flyOeiiOao-sooOC's

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The State of Telangalq, lhro_tEh. Public Prosecutor, high Court of Judicature, at Hyderabad for the State of Telangana and the Siate"of nnOnra pradesh.

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... RESPONDENT/COM P LAINANT

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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 PLtition, the High Court may be pleased to Quash the private complaint on C.C.No.11Bl of 20171 onthe file of lV special Magistrate, Hasthinapuram, Ranga Reddy District.

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l.A. NO: 2 OF 2018

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Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the Memorandum of Grounds of Criminil ietition, the High Court may be pleased to grant stay of all further proceedings including ,pp"irance of the petitioner in C.C.No.1187 of 2O17, on the file of the lV-special Magistrate, Hasthinapuram, Ranga Reddy District.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M/S BHARADWAJ ASSOCIATES, Advocate for the Petitioner and Smt. K.Lalitha, Advocate for the Respondent No.1 and the Public Prosecutor (TG) on behalf of the Respondent No. 2

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The Court made the following: ORDER

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I I I i

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THE HONOURABLE SRI JUSTTCE K.SURENDER

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CRIMINAL PETITIO No.5121 OF 2OL8

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ORDER:

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This Criminal Petition is filed seeking to^quash the^private complaint in C.C.No.ll87 of 2017, on the file of IV^Special Magistrate, Hastinapuram, Ranga Reddy District. The^offence alleged against the petitioner is under Section 138 of the Negotiable Instruments Act, 1881

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Heard learned counsel for the petitioner, Smt.K.Lalitha, learned counsel for respondent No.1 and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for respondent No.2-State. Perused the record.

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Earlier, quash petition was filed while the case was pending before the IV Special Magistrate, Hasthinapuram Learned counsel appearing for the petitioner is not in a position to say exact Court, where the case is pending at present. Further, status of the case is also not known.

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