HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.4129 of 2014 Date: 23-7-2014 Between G.Venkata Narsimha Sreedhar Raju … Petitioner/ Accused No.4 and M/s. Agarwal Foundaries Pvt. Ltd., Rep. by its Manager and Liaison Officer, Jairaj Naidu, Secunderabad … Respondent/
De facto Complainant
State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad … Respondent HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.4129 of 2014 Order:
The petitioner is accused No.4 in C.C.No.1577 of 2012 on the file of the XI Additional Chief Metropolitan Magistrate, Secunderabad. He is arrayed as an accused in the complaint lodged by the 1st respondent for the offence under Section 138 of the Negotiable Instruments Act, 1881 (the N.I. Act, for short). The petitioner is one of the Directors of accused No.1/Company. He seeks for the quashment of the main case.
2. The allegation of the learned counsel for the petitioner is that the complaint did not aver that the petitioner, as the Director of accused No.1/Company has been involved in the day-to-day management of the Company.
3. It is settled law that even if a person is a Director of the Company, unless there is specific allegation that such a Director is involved in the day-to-day affairs of the Company, such a Director would not be liable for prosecution for the offence under Section 138 of the N.I. Act unless the cheque was issued by such a Director. Admittedly, the present petitioner has not issued the cheque. I therefore consider that it is appropriate to quash the case so far as the present petitioner/accused No.4 is concerned.
4. Accordingly, this criminal petition is allowed. C.C.No.1577 of 2012 on the file of the XI Additional Chief Metropolitan Magistrate, Secunderabad is quashed so far as the petitioner/accused No.4 is concerned only.
The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
23rd July, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.4129 of 2014 23rd July, 2014. (Ak)