IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH TUESDAY THE FIFTEENTH DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4108 OF 2012 Between:
Sri Mathamsetty Nagavenkata Satyanarayana & Anr. … Petitioners/A4 & A5 V/s.
The State of Andhra Pradesh Represented by Public Prosecutor High Court of AP Hyderabad & Anr. … Respondents/Complainant Counsel for Petitioners : Sri Parsa Ananth Nageswar Rao Counsel for Respondents : Public Prosecutor The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4108 OF 2012 O R D E R :
This Criminal Petition is filed to quash proceedings in CC.No. 414 of 2009 on the file of IX Additional Metropolitan Magistrate, Cyberabad, Miyapur.
2. Heard Advocate for petitioners.
3. I have perused the grounds urged in quash petition and also complaint.
4. The second respondent herein filed a complaint under section 138 of Negotiable Instruments Act, which is registered as CC.No. 414 of 2009. Petitioners herein are A-4 and A-5 in CC.No.
414 of 2009. According to petitioners they were included as independent Directors on 31/07/2008 and retired on 06/08/2009 as Directors and that they have nothing to do with the transaction. As seen from the complaint, cheques were issued on 31/12/2008; one cheque for Rs.6,00,000/- , another cheque for Rs.5,00,000/- and third cheque for Rs.1,50,000/-. These cheques were dishonoured and legal notice was issued on 19/01/2009 and the accused have received it and not replied and not complied with the demand made in the legal notice.
5. According to complaint allegations, these two petitioners as Directors have actively involved in day-to-day affairs of the company and consented to give cheques which were dishonoured. So from the very allegations in the quash petition by the date of issue of cheque, dishonour and date of legal notice, these petitioners were Directors as per their own admission. When there is specific allegation in the complaint that as Directors these petitioners are also actively involved in the day-today affairs of the company and they have consented to give the cheques, contention of the petitioners that they have no knowledge of the transaction cannot be accepted and these aspects have to be decided during trial.
6. Considering the grounds urged, and the complaint and averments in quash petition, I am of the view that there are absolutely no grounds to quash the proceedings. Since C.C. is of the year 2009, I feel that trial court shall be directed to dispose of CC.No.414 of 2009 as expeditiously as possible, by dispensing with the presence of petitioners for each and every adjournment.
7. For the above reasons, this Criminal Petition is dismissed by directing trial court to dispose of C.C.No. 414 of 2009 as expeditiously as possible, preferably within a period of six months from the date of receipt of copy of this order by dispensing with the presence of petitioners for each and every adjournment. However, they shall appear as and when directed by the court below. Petitioners are at liberty to urge these grounds before trial court and trial court shall consider the same without being influenced by any of the observations made in this order.
JUSTICE S. RAVI KUMAR .
15/07/2014
I s L
HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4108 OF 2012 Circulation No. 105 Date: 15 /07/2014 Court Master : I s L Computer No. 43