9911796707
TMI Blog2021 (11) TMI 982X X X X Extracts X X X X X X X X Extracts X X X X ..... .No.403 of 2013. The criminal petition is dismissed as devoid of merit. - Criminal Petition No. 4258 of 2015 - - - Dated:- 8-11-2021 - Honourable Sri Justice A.Venkateshwara Reddy For the Petitioner : G Satyanarayana Yadav For the Respondent : Public Prosecutor TG ORDER: The petitioner/accused has filed this criminal petition under Section 482 of Code of Criminal Procedure seeking to quash the proceedings in C.C.No.403 of 2013 on the file of learned Judicial Magistrate of First Class, at Vikarabad, Ranga Reddy District. The 2nd respondent has filed a complaint before learned Judicial Magistrate of First Class, alleging that she has approached the quash petitioner for admission in D.Ed course in Gokul college an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Heard the learned counsel for the petitioner. Learned counsel for the petitioner seeks to submit that in view of the principles laid down by the Hon ble Supreme Court in Dashrath Rupsingh ( 2014 (2) ALD (Crl.) 190 (SC) supra) only the Courts wherein the drawee bank is situated will have territorial jurisdiction and, in the case on hand, the Judicial Magistrate of First Class, Nalgonda, has the jurisdiction and, on that count, the Judicial Magistrate of First Class, Vikarabad, has no jurisdiction and that there is inconsistency in the name of the complainant. There is one name on the receipt, another name on the cheque and the some other name on the complaint. Accordingly, the complaint filed under Section 138 of the NI Act is liab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by him for the offence under Section 138 of the NI Act. Even if the contention of the petitioner is accepted for the time being it shows that her name is recorded in all the three documents either as Amrutha Kavali, P. Amrutha, or Kavali Amrutha . When a cheque is issued in favour of Kavali Amrutha irrespective of the name in the receipt, Kavali Amrutha or Kavali Amruthamma, is entitled to file case under Section 138 of NI Act for dishonor of cheque with remarks insufficient funds . Therefore, I do not find any force in the contention of the learned counsel for the petitioner on this ground. The Hon ble Supreme Court in Rajeev Kourav v. Baisahab and Others (2020) 3 SCC 317 , at paragraph 8 has categorically held as to the mate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re issued to the accused and he is making appearance, prima facie case is made out disclosing the ingredients of the offence under Section 138 of the NI Act against the petitioner/accused. Hence, at this stage, this Court cannot quash the proceedings in C.C.No.403 of 2013. Therefore, for the reasons stated above, I do not find any merit in the request of the petitioner/accused to quash the proceedings in C.C.No.403 of 2013 pending on the file of Judicial Magistrate of First Class, Vikarabad. In the result, the criminal petition is dismissed as devoid of merit. Interim stay granted by this Court on 11.06.2015 shall stand vacated. Miscellaneous petitions, if any pending in this criminal petition, shall stand closed. - - TaxTMI - TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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