THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7040 OF 2019

O R D E R:

This Criminal Petition is filed by the petitioner/A-1, to quash the proceedings in C.C.No.70 of 2019, on the file of I Special Magistrate, Cyberabad at Hasthinapuram. The appellant is charged with the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘N.I.Act”).

2. Heard learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent – State. Perused the record.

3. The 2nd respondent/complainant filed the complaint on the ground that, towards discharge of debt of Rs.50,00,000/-(Rupees Fifty Lakhs only), the cheques in question bearing Nos.646238, 646239, 646278 and 646279, drawn on IDBI bank were issued in favour of the complainant.

4. As seen from the cheques, the same were issued by the Managing Partner, Dandamudi Bioteck, which is a partnership firm. However, the firm Dandamudi Bioteck is not arrayed as accused in the complaint. The petitioner was made an accused in his personal capacity.

5. Section 141 of N.I.Act reads as under:

“141. Offences by companies. —

(1)If the person committing an offence under section 138 is a co