Cheating Case Requires Fraudulent Intent at Inception: Telangana HC

The case arose from a private complaint filed by V.K. Jonny, alleging that the accused had borrowed ₹12.50 lakh on various occasions and issued promissory notes but failed to repay the amount. The magistrate had referred the complaint for investigation, following which a criminal case was registered at Kushaiguda police station.

The petitioner contended that there was no allegation of dishonest intention at the time the loan was availed and that the property document pledged as security was genuine. He also pointed out that a civil suit for recovery of ₹12 lakh was already pending.

Agreeing with the submissions, the court held that continuation of criminal proceedings in such circumstances would amount to an abuse of process of law. The judge noted that the value of the secured property exceeded ₹1 crore and there was no dispute regarding its genuineness or title. The court reiterated that powers under Section 482 Cr.P.C. must be exercised to quash mala fide complaints or cases that do not disclose the essential ingredients of a criminal offence.

Mechanical Summons in Cheque Bounce Cases Impermissible: Telangana HC

Hyderabad: Justice Juvvadi Sridevi of the Telangana High Court has held that merely reproducing statutory language or mentioning the designation of a director is insufficient to sustain criminal proceedings in cheque bounce cases. Quashing proceedings against L. Ramesh, the court observed that mechanical issuance of summons without judicial application of mind is impermissible.

The case related to a cheque issued in favour of Vishwaroopi Energy Pvt. Ltd. as part of a commercial transaction in April 2019. The cheque was dishonoured upon presentation, leading to criminal proceedings before the X First Class Judicial Magistrate, Nampally. An application for discharge filed by the accused was earlier dismissed.

Counsel for the petitioner argued that the complaint lacked specific averments showing that the accused was in charge of and responsible for the conduct of the company’s business at the relevant time. It was also contended that the petitioner was not involved in the day-to-day affairs of the company.

In a detailed judgment, Justice Sridevi examined the scope of Sections 138 and 141 of the Negotiable Instruments Act and held that criminal and vicarious liability can arise only when statutory conditions are strictly satisfied. The court found that the complaint did not disclose any specific role played by the petitioner in the alleged offence and accordingly quashed the proceedings.

Prolonged Temporary Service Unsustainable, Says Telangana HC

Hyderabad: The Telangana High Court has held that prolonged engagement of employees on a temporary basis for work of a perennial nature is legally unsustainable. Justice Surepalli Nanda directed authorities to consider regularisation of services of a full-time sweeper who had been working continuously for several decades.

The judge was hearing a writ petition filed by B. Ananthaiah, who sought regularisation of his services in a last-grade post along with consequential benefits. The petitioner submitted that despite uninterrupted service pursuant to an appointment order, he was denied regular pay scales, increments and statutory benefits.

Taking note of the submissions, the court observed that government authorities cannot indefinitely continue employees as temporary or contingent workers when the work is regular and essential. Such prolonged engagement, the judge said, amounts to unfair labour practice and violates constitutional guarantees of equality and dignity of labour.

The court directed the petitioner to submit a detailed representation seeking regularisation. Authorities were instructed to consider the request in accordance with settled judicial principles, after granting a personal hearing, and to pass appropriate orders within the stipulated time.