TMI Blog2021 (6) TMI 633X X X X Extracts X X X X X X X X Extracts X X X X ..... approach the Court below and file an appropriate application under Section 143 N.I. Act r/w. 258 of Cr.P.C., raising all the grounds including the ground that they have already paid the entire amount covered under the cheques in dispute - petition disposed off. - Criminal Petition Nos. 656, 678 and 679 of 2021 - - - Dated:- 9-4-2021 - Kunuru Lakshman, J. For the Appellant : Ponnam Ashok Goud , Advocate For the Respondents : Public Prosecutor ORDER Kunuru Lakshman, J. 1. Criminal Petition Nos. 656, 678 and 679 of 2021 are filed under Section 482 of Cr.P.C., to quash the proceedings in C.C. Nos. 77, 76 and 78 of 2020 pending on the file of II Special Magistrate, Rajendra Nagar, Ranga Reddy District, registered for the offence punishable under Section 138 of Negotiable Instruments Act. The petitioners herein are Accused Nos. 1 to 4 in the said Calendar Cases. Since the petitioners/accused and 2nd respondent/complainant are one and the same in all the three Criminal Petitions, the same are disposed of vide a common order. 2. Heard Sri Ponnam Ashok Goud, learned counsel for the petitioners in all the three petitions, M. Ravindranath Reddy, learned counsel f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the petitioners / accused have not paid the said amounts and thus they have committed the offence under section 138 of NI Act 5 26-09-2020 The 2 nd respondent has filed the above said 3 applications. 6 30-09-2020 The learned magistrate has recorded the sworn statement cognizance was taken and summons were issued. 5. The petitioners herein have paid a amount of ₹ 78,55,000/- in three installments, which are as follows: SI No. Date 1 24-12-2020 Paid ₹ 2000000/- 2 28-12-2020 Paid ₹ 5800000/- 3 30-12-2020 Paid ₹ 50000/- Thus, admittedly, the petitioners herein/accused Nos. 1 to 4 have paid the above said amounts 55 days after of laps of statutory period of 15 days prescribed under Section 138 of Negotiable Instruments Act. For more clarity, the petitioners herein have paid the amount of ₹ 50,000/- lastly on 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 138 of Negotiable Instruments Act. 9. It is also relevant to note that in the complaint itself, the 2nd respondent has specifically mentioned the details, such as date of cheque, presentation, dishonour, date of notice and date of payment of the cheque amount and date of filing of the complaint. Thus, there is no suppression of fact by the 2nd respondent. The contention of the 2nd respondent is that the petitioners have not paid the cheque amount within the stipulated time and therefore, the petitioners herein have committed an offence punishable under Section 138 of Negotiable Instruments Act. 10. According to learned counsel for the 2nd respondent, the petitioners herein have not paid the interest and cost of the proceedings. The Hon'ble Supreme Court in M/s. Meters and Instruments Private Limited and another v. Kanchan Mehta 2018(1) SCC 560 had an occasion to deal with the object of introduction of Section 138 of Negotiable Instruments Act and other provisions of Chapter XVII of the Act, and also the scope and ambit of Section 143 Negotiable Instruments Act r/w. 258 of Cr.P.C. The Hon'ble Apex Court after referring to various judgments rendered by it, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d any further preliminary evidence. Such affidavit evidence can be read as evidence at all stages of trial or other proceedings. The manner of examination of the person giving affidavit can be as per Section 264 Cr.P.C. The scheme is to follow summary procedure except where exercise of power under second proviso to Section 143 becomes necessary, where sentence of one year may have to be awarded and compensation under Section 357(3) is considered inadequate, having regard to the amount of the cheque, the financial capacity and the conduct of the accused or any other circumstances. 19. In view of the above, we hold that where the cheque amount with interest and cost as assessed by the Court is paid by a specified date, the Court is entitled to close the proceedings in exercise of its powers under Section 143 of the Act read with Section 258 Cr.P.C. As already observed, normal rule for trial of cases under Chapter XVII of the Act is to follow the summary procedure and summons trial procedure can be followed where sentence exceeding one year may be necessary taking into account the fact that compensation under Section 357(3) Cr.P.C. with sentence of less than one year will not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... journment of the trial beyond the following day to be necessary for reasons to be recorded in writing. (3) Every trial under this section shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint. 12. It is also relevant to extract Section 258 of Cr.P.C. It says: Section 258 in The Code Of Criminal Procedure, 1973: 258. Power to stop proceedings in certain cases. In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge. 13. A perusal of the above said provisions and also in view of the law laid down by the Hon'ble Apex Court, the option left to the petitioners herein is to approach ..... X X X X Extracts X X X X X X X X Extracts X X X X
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