Dasari Deepthi vs The State Of Telangana
2023 Latest Caselaw 3495 Tel

           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

(2019) 15 SCC 550

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