THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.438 OF 2019
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.) is filed by the petitioners/Accused Nos.3 and 4 to quash the proceedings against them in C.C.No.235 of 2018 on the file of learned I Special Magistrate, Erramanzil at Hyderabad registered for the offences punishable under Section 138 of Negotiable Instruments Act (for short "N.I. Act").
2. None appeared for the petitioners. Learned counsel for the respondents is present.
3. As seen from the record, the petitioners have taken a stand that, they are not responsible for heading affairs of the company and it is not specifically averred in the complaint. This Court had quashed the proceedings against the 1st petitioner and others under similar circumstances. However, the case was carried to the Hon'ble Supreme Court in between A.P. Radha Krishna Vs. Dasari Deepthi and others 1. The Hon'ble Supreme Court had reversed the order of this Court 1 (2019) 15 SCC 550 2 finding that the averments made in the complaint that the petitioners were responsible for day to day affairs would suffice, and it is before the trial Court to decide their complicity.
4. The present application deserves to be dismissed; in view of the finding of the Hon'ble Supreme Court in the above mentioned judgment.
5. Accordingly, the Criminal Petition is dismissed.
Miscellaneous Petitions, pending if any, shall stand closed.
_________________ K.SURENDER, J Date: 01.11.2023 ds/hfm