Ittina Naga Lambika vs The State Of Andhra Pradesh
2024 Latest Caselaw 4450 AP

Andhra Pradesh High Court - Amravati

Ittina Naga Lambika vs The State Of Andhra Pradesh on 18 June, 2024

        HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

   MAIN CASE No.: Criminal Petition No.3587 of 2024
                            PROCEEDING SHEET

SL.   DATE                                ORDER                                 OFFICE
NO.                                                                              NOTE
1)  18.06.2024 SRK, J

                                    IA No.1 of 2024
                      Dispensed with for the present.

                            Crl.Petition No.3587 of 2024
                      Learned Assistant Public Prosecutor takes
                notice for respondent No.1 and seeks time to get

instructions in the matter.

Issue notice to respondent No.2.

Learned counsel for the petitioners is permitted to take out personal notice on respondent No.2 by registered post with acknowledgment due and file proof of service before the Registry within a period of three (3) weeks.

The petitioners before this Court are A3 to A5 in CC No.2684 of 2019 on the file of the learned Judicial Magistrate of First Class, Nandyal. Learned counsel for the petitioners points out that the complaint was preceded by statutory notice to which reply was also given stating that the 1st petitioner is a Non-Executive Director, that the 2nd petitioner has resigned from her position as Director on 17.04.2010 and all Contd..

SL.       DATE                         ORDER                              OFFICE
NO.                                                                        NOTE

requisite formalities are completed and that the 3rd petitioner before this Court is only an employee of the 1st accused Company.

Learned counsel points out that despite the specific averments made in the reply notice, the complaint does not contain any specific averments with regard to the role of A3 to A5. He relied upon the judgment of the Hon'ble Supreme Court of India in Ashoke Mal Bafna v. M/s. Upper India Steel Mfg. and Engg. Company Limited, (LAWS (SC) 2017 (3) 151), wherein it is clearly laid down that for making the Director or other officials of the company liable for the offence under Section 138 of the Negotiable Instruments Act, specific and clear averments must be made of their role and their active participation. Learned counsel points out that except for one bland line that the cheques were issued by the 2nd accused in "consultancy" with A3 to A5, no other statement is set out alienating the role of the present set of accused. Therefore, he prays for stay of all further proceedings in CC No.2684 of 2019.

This Court is of the opinion that the learned counsel has made out a point which warrants interference at this stage. Therefore, there shall be interim stay of all further proceedings in CC No.2684 of 2019 on the file of the learned Judicial Contd..

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NO.                                                                       NOTE

Magistrate of First Class, Nandyal, in respect of the petitioners herein/A3 to A5 only, for a period of twelve (12) weeks.

List the matter after eight (8) weeks.

                                                                ______
                                                                SRK, J
                                                                   Nsr





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