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TMI Blog2020 (12) TMI 1122X X X X Extracts X X X X X X X X Extracts X X X X ..... The CC is of the year 2016. The present petition is filed under Section 482 of Cr.P.C. is also of the year 2016 and it is pending since then. The petitioners are not disputing the signatures on the said cheques. According to the petitioners, the said cheques were issued towards collateral security, but not towards legally enforceable debt. According to the second respondent, the said cheques were issued towards discharge of legally enforceable debt. The said issue is a triable one and the Court below will decide the same on conclusion of trial. The CC is of the year 2016. The present petition is filed under Section 482 of Cr.P.C. is also of the year 2016 and it is pending since then. The Apex Court in KAMAL SHIVAJI POKARNEKAR VERSUS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, the proceedings cannot be quashed on the above said issue which is a triable issue in exercising of its powers under Section 482 of Cr.P.C. The petitioners have failed to establish any ground to quash the proceedings on the file of the II Special Metropolitan Magistrate, Cyberabad at Kukatpally. Petition dismissed. - CRIMINAL PETITION No.9086 OF 2016 - - - Dated:- 10-12-2020 - THE HONOURABLE SRI JUSTICE K. LAKSHMAN Petitioner Advocate: Pillix Law Firm Respondent Advocate: Public Prosecutor TG ORDER: This application is filed under Section 482 of Cr.P.C., to quash the proceedings in C.C.No.141 of 2016 on the file of the II Special Metropolitan Magistrate, Cyberabad at Kukatpally. The petitioners herei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the second respondent through cash / NEFT / RTGS before closing time of bank dated 25.08.2015. Thus, there are several factual aspects /triable issues which are to be decided by the trial Court on concluding the trial. Whether the cheques in question were issued towards legally enforceable debt or not is also a question to be decided during the trial. According to the petitioners herein, the said amount was borrowed for six (06) days i.e., from 20.08.2015 ending by 25.08.2015 for his business purpose and the same will be returned to the second respondent by closing time of bank on 25.08.2015. The said aspect is also a triable issue. 6. In the complaint filed by the second respondent under Section 200 of Cr.P.C., it is specifically me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 482 of Cr.P.C. is also of the year 2016 and it is pending since then. 9. Except the said contention, the petitioners did not raise any other ground to quash the proceedings in C.C.No.141 of 2016 by this Court in exercise of its inherent power under Section 482 of Cr.P.C. 10. The Apex Court in Kamal Shivaji Pokarnekar Vs. The State of Maharashtra AIR 2019 SC 847 categorically held that quashing criminal proceedings is called for only in a case where complaint did not disclose any offence, or was frivolous, vexatious, or oppressive. If allegations set out in complaint did not constitute offence of which cognizance had been taken by Magistrate, it is open to High Court to quash the same. It is not necessary that a meticulous ..... X X X X Extracts X X X X X X X X Extracts X X X X
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