HON’BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.1684 of 2024

ORDER

Heard Mr. T. Bala Mohan Reddy, learned counsel for the petitioner and Mr. Eranki Phani Kumar, learned counsel for respondent No.2.

2. This Criminal Petition is filed under Section - 482 of the Code of Criminal Procedure, 1973, to quash the proceedings against the petitioners-accused Nos.1 and 2 in S.T.C (NI) No.790 of 2022 on the file of I Additional Junior Civil Judge-cum-XII Additional Metropolitan Magistrate, Medchal-Malkajgiri District at Kukatpally for the offence punishable under Section - 138 of the Negotiable Instruments Act, 1881 (for short “N.I. Act”).

3. The petitioners herein filed present criminal petition contending that he has submitted his resignation for the post of Directorship of petitioner-accused No.1 Company on 22.05.2019. Accused No.1 Company had also submitted statutory Form DIR-12 with the Registrar of Companies acknowledging resignation of the petitioner. In proof of the same, he has filed copy of Form DIR-12. Therefore, as on the date of issuance of subject cheque bearing No.888664, dated 31.03.2021, petitioner No.2 herein is not a director of petitioner No.1-accused No.1 Company. Respo