IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89639 of 2024 Arising Out of PS. Case No.-3977 Year-2018 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== 1. Eragam Sunil Reddy @ Sunil Reddy S/O Ellaa Reddy Eragam R/O Plot No.- 580, Road No.-32, Jubliee Hills Shaik Pet, Hyderabad, P.S- Jubliee Hills, Distt.- Hyderabad, State- Telangana, Managing Director of Palladium Infrastructure and Project Ltd. a registered Company having its registered office at Flat No. G-2, Block No.-8, Hillridge Springs, ISB Road, Gotchbowali, Hyderabad. 2. M/S Palladium Infrastructure and Project Ltd. A registered company, having its registered office at Flat No.- G-2, Block No.-8, Hillridge Springs, ISB Road, Gotchbowali, Hyderabad represented through Chandragiri Satish Working as Account Executive, Palladium Infrastructure and Project Ltd., Son of Chandragiri Rajaiah, R/O 1-6-45, Jubli Market, beside market, Kazipet, VTC- Hanamkonda, P.O- Kazipet, Sub Distt.- Hanmakonda, Distt.- Warangal, State- Andhra Pradesh. 3. Sri A. Gopala Rao @ Gopal Rao S/O Guru Murthy R/O Block-4, Flat No.- 301, Hill Registrings Apartment, P.S- gachbolli, Distt.- Hyderabad, State- Telangana. Officials of M/S Palladium Infrastructure and Project Ltd. a registred company having its registred office at Flat No. G-2, Block No.-8, Hillridge Springs, ISB Road, Gotchbowali, Hyderabad. 4. Edwarde Silvistor Pammi @ Sylbestar @ E. Silvistor Pammi S/O Ratna Raju R/O Door No.-3- 85/1, Ponnamanda, Razole Mandal, Distt.- East Godavari, State- Andhra Pradesh. Officials of M/S Palladium Infrastructure and Project Ltd. a registred company having its registred office at Flat No. G-2, Block No.-8, Hillridge Springs, ISB Road, Gotchbowali, Hyderabad. 5. Sri Naga Satish Chandra @ Satish Chandra Amanchi @ Satish Chandra S/O Subbu Babu Chandra Amanchi R/O H No.- 1-8-557, Flat - 403, Behind Big Bazar RTC Cross Roads, Musheerabad, Hyderabad. Officials of M/S Palladium Infrastructure and Project Ltd. a registred company having its registred office at Flat No. G-2, Block No.-8, Hillridge Springs, ISB Road, Gotchbowali, Hyderabad. ... ... Petitioner/s Versus 1. The State of Bihar 2. Sunita Kumari Proprietor of M/S Mars Infra Corporation, Office No. 16, 1st Floor, Ashoka Place, Exhibition Road, P.S- Gandhi Maidan, Distt.- Patna. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sumeet Kumar Singh, Adv : Mr. Binod Kumar Singh, Adv : Mr. Shivam Singh, Adv : Mr. Amarendra Kumar, Adv : Mr. Kumar Vikram, Adv Patna High Court CR. MISC. No.89639 of 2024 dt.17-04-2025 2/5 : Mr. Kumar Avinahs, Adv : Ms. Alka Singh, Adv For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP For the O.P. No. 2 : Mr. Kush, Adv : Mr. Law, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL JUDGMENT Date : 17-04-2025 Heard learned counsel for the petitioners and learned counsel for the respondents. 2. The present application has been filed for quashing the criminal proceeding arising out of Complaint Case No. 3977 (C) of 2018, which has been registered under Sections 420 and 406 of the Indian Penal code and Section 138 of the NI Act, 1881 where cognizance has been taken by learned Judicial Magistrate Second Class, Patna under Section 138 of the NI Act, 1881. 3. From the complaint petition it appears that complainant has been called by accused no. 2 to 4 (petitioner no. 1, 3 and 4) to supply TMT Bars and subsequently Bars used to be supplied by complainant and bills were raised and the payment has been made by the accused persons on interval and the complainant supplied the Bars till 21.12.2016, when the outstanding dues against the accused Patna High Court CR. MISC. No.89639 of 2024 dt.17-04-2025 3/5 was Rs. 45,97,142.92/- and it was further alleged that on 21.04.2018 the accused paid for part of the due amount through cheque bearing no. 878894 dated 21.04.2018 for Rs. 28,66,500/- drawn on Corporation Bank, Boring canal road, Patna and it was further alleged that the accused persons asked to deposit the cheque after 2 months and when the complainant deposited the cheque after two months she was shocked to know that the account of the accused was closed and thus alleged that under common intention accused persons cheated her. 4. On the basis of aforesaid complaint after examination of complainant on oath and examination of inquiry witnesses, learned Court took cognizance against petitioners for the offence alleged to be committed under Section 138 of the Negotiable Instruments Act, 1881. 5. Learned counsel appearing on behalf of petitioners submitted that Petitioner No. 1 is the Managing Director of Petitioner No. 2, M/S Palladium Infrastructure and Project Ltd. which is a private limited company duly incorporated under Companies Act 2013 (as amended), Patna High Court CR. MISC. No.89639 of 2024 dt.17-04-2025 4/5 where Petitioner No(s). 3, 4 and 5 are Managers of the Petitioner No. 2, looking its different affairs like finance and general administration etc. Without making any argument on merit it is submitted by learned counsel for petitioners that matter appears compromised between the parties in view of MoU dated 07.12.2021. The aforesaid MoU was signed between Petitioner No. 2 (company) through its authorized attorney namely Mr. Kulkarni Aditya and Ms. Sunita Kumari O.P. No. 2, who is the proprietor of M/s. Mars Infra Corporation. It appears from aforesaid MoU that parties settled their all accounts as per ledger and thereafter an outstanding balance of Rs. 7,66,300/- was paid to O.P. No. 2 through Demand Draft No. 909627 dated 04.12.2021 drawn on Punjab National Bank, Jubilee Hills Branch, Hyderabad, Telangana. 6. Aforesaid factum of compromise and receiving of payment as aforesaid was approved by Mr.Kush, appearing for O.P. No. 2. 7. In view of aforesaid facts and circumstances as matter appears compromised between the parties, where Patna High Court CR. MISC. No.89639 of 2024 dt.17-04-2025 5/5 parties settled their disputes and differences amicably, continuing with present criminal proceeding before the learned Trial Court would only amount to abuse the process of court of law. 8. Accordingly, impugned order of cognizance with all its consequential proceedings, qua, all above named petitioners arising thereof as passed in Complaint Case No. 3977 (C) of 2018, pending before learned Chief Judicial Magistrate, Patna/Court concerned is hereby quashed and set aside to secure the ends of justice. 9. Hence, this application stands allowed. 10. TCR (Trial Court Records), if any, be returned to the learned Trial Court alongwith the copy of this judgment. S.Tripathi/- (Chandra Shekhar Jha, J.) AFR/NAFR NAFR CAV DATE NA Uploading Date 18.04.2025 Transmission Date 18.04.2025