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andhra Pradesh High Court
Hon'ble P. S. Narayana, J.
Crl. P No. 1473 of 2000
Decided on 29.3.2006
T. Sanjeeva Reddy and others
Versus
Porumalla Srinivas and others
Counsel :
P. Giri Krishna for Petitioner
Public Prosecutor for Respondent No. 2
Liability cannot be imposed on petitioners based on a cheque issued by A.1 in his individual capacity.
Headnote:
Cheque - Individual Capacity - Liability of Petitioners
Fact of the Case:
The cheque was issued by A.1 in his individual capacity, not as Managing Director. The complaint did not disclose how the liability could be fastened against the petitioners.
Finding of the Court:
The court found that the proceedings could not be further proceeded against A.3, A.5, and A.6 as the cheque was issued by A.1 in his individual capacity.
Issues: Liability of petitioners based on the cheque issued by A.1 in his individual capacity.
Ratio Decidendi: The liability could not be fastened against the petitioners as the cheque was issued by A.1 in his individual capacity.
Final Decision: The proceedings against A.3, A.5, and A.6 were quashed as the cheque was issued by A.1 in his individual capacity.
Heard the Counsel.
2. As can be seen from the cheque, which is said to have been issued by A.1, the same was issued in his individual capacity and not as Managing Director. Even otherwise the allegations in the complaint would not disclose how the liability can be fastened as against the petitioners. It is needless to say that the complaint can be further proceeded as against A.1. However, in the present Criminal Petition A.3, A.5 and A.6 alone had questioned the same. In view of the fact that A.1 had issued the cheque in his individual capacity, the proceedings as against A.3, A.5 and A.6 cannot be further proceeded with and accordingly the proceedings are hereby quashed as against the petitioners -A.3, A.5 and A.6 only. The criminal petition is allowed to the extent indicated above.
