C. Y. SOMAYAJULU, J.

( 1 ) SINCE both the petitions arise out of the same C. CNo. 125 of 2003 on the file of the court of VII Additional Munsif Magistrate at Guntur, they are being disposed of by a common order.

( 2 ) CRL. P. NO. 4811 of 2003 is filed by A-2 and A-4 and Crl. P. No. 5100 of 2003 is filed by a-3 in the aforesaid C. C. No. 125 of 2003 to quash the proceedings against them on the ground that they are not liable for punishment under Section 138 of Negotiable instruments Act (for short the Act )-

( 3 ) FIRST respondent filed the aforesaid complaint under Section 138 of the Act alleging that the petitioners in these petitions and K. K. Raja Malleswara Rao (A-l) entered into an agreement to sell property measuring 325 square yards to him at the rate of Rs. 2750. 00 per sq. yd. , and received Rs. 2,50,000. 00 as advance from him, but failed to register the land in his favour, but agreed to refund the amount received from him and accordingly a-l on behalf of himself, and the petitioners herein issued a cheque bearing No. 000063 dated 31-10-2002 drawn on ICICI Bank, guntur to him. But it was dishonoured when he presented it in the Indian Overseas Bank, chandamoulinagar branch

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