This Criminal Petition is filed by the petitioners under section 482 of Cr.P.C., to quash the proceedings in C.C. No. 1851 of 2010, on the file of the XVII Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad.

2. The contention of the petitioners/accused is that the petitioners Company paid rents and also maintenance till August, 2009. Thereafter, due to slack in business, rents could not be paid and on several occasions petitioners company requested the respondent/complainant to permit them to pay dues in installments. But the complainant threatened the accused company that they will stop supplying electricity/water and other services, if the dues with regard to payment of rents and maintenance are not cleared immediately. Having no other option, Sri Dheeraj Doulat Keswani, one of the Directors of accused company, who negotiated with the complainant, was forced to hand over post dated blank cheques (personal cheques) to the complainant under security. In spite of receiving post dated personal cheques and contrary to the oral understanding arrived between the complainant and Dheeraj Doulat Keswani, without any prior notice, respondent/ complainant stopped supplying electricity/water and other services to the accused company and thereby the accused company was forced to close the business due to heavy loss.

3. It is the further contention of the petitioners that one of the Directors of M/s. Surya Ray Elixirs Private Limited, issued personal cheque bearing No. 286482, dated: 15.9.2010 for a sum of Rs.10,00,000/- drawn on UCO Bank, to the complainant as security for the outstanding dues and also not to discontinue supply of electricity/water and other services. But the said cheque was deposited by the complainant in their bank and the same was dishonoured. Complainant issued notice on 21.10.2010. To this, reply notice dated:29-11-2010 was issued denying the allegations in the notice.

It is the further contention of the petitioners that cheque was not issued either by the company or by the petitioners, but the same was issued by Mr. Dheeraj Doulat Keswani, the authorized signatory and one of the Directors of M/s. Surya Ray Elixirs Private Limited, in his individual capacity, as advised by the complainant. The complainant is at liberty to recover the outstanding dues, if any, from the accused company strictly in accordance with the terms and conditions of the lease deed dated:11-2-2009. The complainant, without invoking clause 24 of the lease deed dated:11-2-2009, filed a private complaint. The allegations in the complaint are totally incorrect and baseless. It is the further contention of petitioners that inherent power should be exercised by this Court when the Court comes to the conclusion, that there would be manifest injustice or there would be abuse of process of court. That the petitioner Nos.4 and 5 were retired as Directors from the accused company, as per form No.32. No specific allegations are attributed against the petitioners. In the absence of allegation that the said Director was incharge and was responsible for the conduct of the business of the firm, no case is made out against such Director. Petitioners were not in-charge of day-to-day affairs of the company.

It is the further contention of the petitioners that the complainant filed two private complaints against the petitioners and the company before the learned Judicial I Class Magistrate, Gurgaon, Haryana. Complaints are being filed in multiple jurisdiction in a vexatious manner which cause tremendous harassment and prejudice to the drawers of the cheque.

4. Per contra, the respondents contended that the petitioners and two others issued cheque dated:15.09.2010 for Rs.10,00,000/- towards partial discharge of the liability. The cheque was presented on 22-09-2010 by the complainant in HSBC bank at New Delhi, the same was dishonoured by the UCO bank and returned back with memo dated:25-09-2010 with endorsement as funds insufficient . It is further co