T.RANGA RAO
Suraj Theatre, a partnership firm by Managing Partner – Appellant
Versus
Kakarla Bharathi – Respondent
ORDER
T. Ranga Rao, J - This petition is filed under Section 482 Cr. P.C. to quash the proceedings in C.C. No. 220/95 on the file of the III Metropolitan Magistrate, Vijayawada.
2. The facts in giving rise to the filing of this petition are briefly as follows:
The first respondent represented by the General Power of Attorney Holder, filed a complaint against the petitioners under Sections 138 and 142 of the Negotiable instruments Act alleging that A-1 is a partnership firm with its office at Vuyyuru, Krishna District. A-2 is the Managing Partner and A-2 to A-5 are the partners of the said firm. It is further stated that A-2 to A-5 as partners of the A-1 firm are in charge and responsible and playing active role in the management and in day-to-day conduct of business of A-1 firm. It is further alleged that A-1 borrowed Rs. 30,000/- Rs. 21,000/- and Rs. 30,000/ - on 28.11.1988, 7.12.1989 and 28-9-1994 respectively and executed promissory notes promising to pay interest at 30% per annum, and issued cheque dtd. 25-5-1992 for Rs. 1,50,000/- in favour of the complainant drawn on Indian Bank, Vuyyuru and the same was presented for collection at Andhra Bank. Vijayawada but it was returned
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