THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.422 OF 2021

O R D E R:

This Criminal Petition is filed by the petitioner, to quash the proceedings in C.C.No.49 of 2020 on the file of the learned XV Special Magistrate, Hyderabad.

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 petitioner/accused No.1 is questioning his prosecution under Section 138 of Negotiable Instruments Act (for short, ‘N.I.Act’).

4. The case of the respondent No.2/complainant is that the petitioner took loan from him and thereafter towards repayment of the said loan, the petitioner’s brother/accused No.2 issued a cheque. The said cheque when presented in bank, it was returned with an endorsement “unpaid”. The respondent No.2 made the petitioner and the accused No.2, who issued cheque, as accused persons.

5. Learned counsel appearing for the respondent No.2 is present and does not dispute the fact that the accused No.2 issued the cheque in his personal capacity.

6. Under Section 138 of the N.I. Act, the drawer of the cheque would be made liable.

7. There is no question of vicarious liability i