ORDER :

1. This Criminal Petition is filed to quash the proceedings against the petitioners/Accused in C.C.No.4 of 2019 on the file of X Special Magistrate, Erramanzil, Hyderabad for the offences under Sections 138 and 142 of the Negotiable Instruments Act, 1861 (for short, ‘the Act’).

2. The petitioners are being prosecuted by the respondents 2 and 3 for the offence under Section 138 of the Act. The case of the complainants is that the petitioners herein approached them for financial assistance and an amount of Rs.15.00 lakhs of hand loan was advanced. The said loan was acknowledged and the petitioners agreed to pay 18% interest per annum. A cheque No.118413 dated 07.05.2018 was issued for Rs.10.00 lakhs in the name of Nomula Hari Rishikesh. On presentation, the same was returned unpaid, for which reason, notice was issued. Having received notice, since the petitioners failed to make the payment covered by the cheque, present complaint was filed.

3. Learned counsel appearing for the petitioners would submit that the cheque was issued by the firm-proprietary concern namely Aditya Marine. Since the petitioners are partners of the firm, the prosecution without making the firm as an accu