The High Court · 2025

L The State of Telangana, Rep., by its Public Prosecutor High Court of Telangana at Hyderabad.

2. Mrs. Kantha Bai Tiwari, Wo Late Shyam Sunder Tiwari Aged about 62 years, Occ. House wife R/o 7-5-62(7-6-114, Godown Road' Nizamabad Nizamabad district. .,.RESPONDENT/ DEFACTO COMPLAINANTS Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the Memorandum of Grouncis of criminal Petition, the High court may be pleased to call for the records relatang to c.c No 372 of 2020 on the file of Court of lAdditional Judicial First Class Magistrate at Nizamabad' l.A. NO: 'l OF 2021 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 be pleased to stay of all further proceedings in c.c No.372 of 2020 on the file of court of I Additional Judicial First class Magistrate at Nizamabad including appearance of the Petitioner. '/ CRIMINAL PETITION NO: 5180 OF 2O2'l Between: Om Narayan Attal, Sio Late Sathyanarayan Aged about 61 yea1s, Qc9 ; Business'Rto 7-5-62, 1st Floor (7-6-114) Godown Road Near Sai Balaji Residency, Nizamabd, Nizamabad district. ...PETITIONER/ACCUSED AND '1 . The State of Telangana, Rep., by its Public Prosecutor, l-ligh Court of Telangana at Hyderabad.

2. Santhosh Tawari, W/o Dinesh Kumar Tiwari Aged about 36 years, Occ - House wife Rlo 7 -5-62(7-114, Godown Road, Nizamabad Nizamabad district ...RESPONDENT/ DEFACTO COMPLAINANTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Crrminal Petition. the High Court may be pleased to call for the records relating to C.C No.371 of 2020 on the file of Court of I Additional Judicial First Class Magistrate at Nizamabad. l.A. NO: 1OF 2021 Petition under Section 482 oI Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings in C.C No.371 of 2020 on the file of Court of I Additional Judicial First Class Magistrate at Nizamabad, including appearance of the Petitioner. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of SRI T V KALYAN SINGH, Advocate for the Petitioner and the Assistant Public Prosecutor, on behalf of the Respondent No.1 . The Court made the following: COMMON ORDER. THE HONOURABLE SRI JUSTICE E.V. \/ENUG,oPAL CRIMINAL PETITION Nos.5177 AND 5180 OF 2o.21 COMMON ORDER: Since the issue involved in these two Criminal Petitions is one and the same, between the same parties, they are heard together and being disposed of by way of this common order

2. Criminal Petition Nos.5177 and 5180 of 2O2l are frled by the petitioner seeking to quash the proceedings against him in C.C.Nos.372 ald 371 of 2O2O respectively on the file of the learned I Additional Judicial First Class Magistrate, Nizambad (for short, "the trial Court").

3. Heard learned counsel for the petitioner, Mr. E. Ganesh, learned Assistant Public Prosecutor appearing for respondent No.l-State. Perused the record

4. The brief facts of the case are 2"d respondent/complainant in Crl.P.No.5177 of 2021 is the Mother-in-Law of 2"d respondent/complainant in Crl.P.No.5180 of 2021. The petitioner herein/accused and complainants have prior acquintance. Out of such acquaintance, the accused used to borrow money from the complainants towards hand loal and 2 used to make part payments along with interest as per his convenience. The complainants were in need of money, so they demanded the petitioner to settle their account in the month of March, 2O2O. Accordingly, the accused gave two post dated cheques bearing Nos.O966O3 dated 11.O6.2b20 and No.0966O7 dated 13.06.2O2O of Axis Bank for an amount of Rs. l1,0O,OOO/- (Rupees Eleven lakhs onty) arrd Rs.7,5O,OOO/- (Rupees Seven Lakhs fifty Thousand only) respectively towards settlement of account. On presentation, the said cheques were dishonoured for the reason "account closed". Then, the complainants issued legal notices dated 08.08.2O2O informing the accused about the dishonour of the said cheques and to pay the amounts due. But the accused failed to repay the amounts due and got issued false reply with ma_lafide intention. Thereafter, on issuing the legal notice and complying with all the statutor_\, requirements, the complainalts filed the present complaints under Section 13g of the Negotiable Instruments Act (for short, "NI Act,,).

5. Learned counsel for the petitioner contended that the respondents/complainants f,rled several cases against the petitioner herein on beha_lf of Srikanth Attal, who is staving in USA for his livelihood and the said Srikanth Attal has issrled ... ..d6+ \,, 3 GPA in the name of complainalts herein to look after the property/House bearing Municipal No.7-6-114, Godwon Road, Nizamabad District. He further contended that complainants are residing in the house of the petitioner as tenants and they are working as Office Assistants. He further contended that in the absence of the petitioner ald his entire family members, the complainants have stolen multiple cheques from the house of the petitioner clandestinely and secretly. He further contended that even after stealing cheques, the complainartts moved closely with the petitioner, as such he did not suspect them. He further contended that complainants have no capacity to lend the money in lakhs to the petitioner as they are doing Office Assistant job ald they are in the rented house and only to extort money from the petitioner, the complainants have stolen the cheques of the petitioner and used them for their wrongful gain' He further contended that complainants and their family members filed several cases against the petitioner to defame him in the society. He further contended that initiation of proceedings against the petitioner is an abuse of process of law' Hence, he seeks.to allow the Criminal Petitions. \ I I I \ )

6. On the other hald, learned Assistart public prosecutor contended that the accused borrowed the amounts ald issued the subject cheques towards discharge of debts and also gave a letter acknowtedging the due amounts ald issue of cheques to the complainants, as such the said amounts under the above said cheques are legalry enforceabre debts. He further contended that the matter requires to be tried and only upon conclusion of a full-fledged trial, the truth comes to light. Therefore, he seeks to dismiss this Criminal petitions.

7. Having regard to the submissions of both the iearned counsel and on perusing the material available on record, this Court is of the opinion that the matter requires a full_fledged trial. Therefore, this Court is not inclined to entertain the Criminal Petition, at this stage.

8. Accordingly, this Criminal petitions are dismissed. Miscellaneous Petitions, pending if any, shall stand closed. To, //TRUE COPY// SD/- MOHD. ISMAIL D PUTY REGISTRAR ECTION OFFICER ttI

1. The Additional Judicial First Class Magistrate at Nizamabad. 2. The Station House Officer, I Town Nizamabad. 3. One CC to SRl. T V KALYAN SINGH, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Copies Sdr/gh w T' {. o t) :\ 1 11 o .- \ I ! \ i.I c .\ -r I 2 J t 20m U ED t\ (. HIGH COURT DATED: 24102t2025 ORDER CRLP.No.5177 &5180 of 2021 DISMISSING THE CRLP

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