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2018 Supreme(AP) 935

T.RAJANI
A. L. Uday Shankar Harishitha – Appellant
Versus
State of A. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K. Venumadhav
For the Respondent: Public Prosecutor and V. Roopesh Kumar Reddy

ORDER :

T. RAJANI, J.

1. Since the petitioners herein are arrayed as A3 and A4 respectively in the same criminal proceedings and the cause of action being the same, the criminal petitions are disposed of by this common order.

2. The criminal petitions are filed seeking quash of proceedings against the petitioners, who are A3 and A4 respectively, in CC. No. 407 of 2013 on the file of the V Additional Chief Metropolitan Magistrate - cum - Juvenile Court, Nampally. The offences alleged are under Section 138 of the Negotiable Instruments Act.

3. Heard the counsel for the petitioners, counsel for the second respondent and the learned Public Prosecutor, appearing for the first respondent.

4. The complaint is filed against the petitioners and others under Section 138 of the Negotiable Instruments Act. The petitioners are shown as Directors of A1 company, the Managing Director of which issued the cheque.

5. The argument of the petitioners counsel is two fold: firstly, he contends that the averment made in the complaint does not explain the nature of the duty that the petitioners have been performing in the company and secondly, he contends that the petitioners have submitted resignation prior to

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