APHC010183212022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3037/2022 Between: 1. THUMMEPALLY PADMAVATHI, W/O.MALLIKARJUNA RAO AGED ABOUT 40 YEARS, R/O.13-170, MUTHYALA ROAD, JAGGAIAHPETA, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND 1. KUNCHEPARTHY SRINIVASA RAO, S/O.K.LAXMINARAYANA, AGED ABOUT 56 YEARS, OCC- BUSINESS, R/O.MALLARAM VILLAGE, MUDIKONDA MANDAL, KHAMMAM DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATHI ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. P NAGENDRA REDDY Counsel for the Respondent/complainant(S): 1. SURESH KUMAR POTTURI The Court made the following: ORDER: The instant petition under Section 482 of Code of Criminal Procedure, 19731 has been filed by the Petitioner/Accused No.3, seeking to quash the proceedings against her in C.C.No.2337 of 2021 on the file of the Court of Judicial Magistrate of First Class, Jaggaiahpeta, Krishna District, registered for the offence punishable under Sections 138 and 142 of Negotiable Instruments Act,1881.2 1 for short ‘Cr.P.C’ 2 for short ‘the N.I. Act’ 2 2. Heard Sri P.Nagendra Reddy, learned counsel for the Petitioner and Sri P.Suresh Kumar, learned counsel for Respondent No.1. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor is in attendance. 3. Learned counsel for the Petitioner would submit that the complaint does not disclose the involvement of the Petitioner in the alleged transaction. Learned counsel would further submit that, merely because Petitioner is one of the partners of A.1-Company, she cannot be prosecuted for the alleged offence. It is submitted that even according to the Complainant, Accused No.2 had issued the cheque of A.1-Company. Learned counsel would finally submit that there are no grounds to continue the proceedings against the Petitioner. Hence, prayed for quashment of the same. 4. Learned counsel for Respondent No.1 would submit that there are specific allegations against the Petitioner. It is submitted that the Petitioner had knowledge about issuance of the subject cheque and as such, she is also responsible for the commission of the alleged offence. Learned counsel would finally submit that there are no grounds to quash the proceedings against the Petitioner. Hence, prayed for dismissal of the petition. 5. As seen from the complaint, from 23.04.2019 to 11.05.2019, Respondent No.1/Complainant had supplied various varieties of paddy to A.1- Industry and in view of the same, A.1 fell due of Rs.9,58,386/- to Respondent No.1. While so, Accused No.2 in the capacity of Managing Partner of A.1- Industry executed an agreement to pay the said amount. Subsequently, after several demands, Accused No.2 got issued the cheque of A.1-Industry vide 3 cheque bearing Nos.950903 for Rs.9,58,386/- and on presentation of the same by Respondent No.1, it was dishonoured with an endorsement “Account in Operative”. As such, the present complaint has been lodged against Accused Nos.1 to 3 for the alleged offences. 6. The subject cheque was issued in the name of A.1-Industry by Accused No.2, who is its Managing Partner. As rightly put by the learned counsel for the Petitioner, mere allegation that Petitioner is one of the partners and the subject cheque was issued with her knowledge, is not a ground to continue the proceedings against the Petitioner. Admittedly, Petitioner is not the signatory of the alleged cheque and the alleged agreement was also entered between A.1-Industry and Respondent No.1. There is no material to prima facie attract the alleged offence against the Petitioner and hence, there are no grounds to continue the proceedings against the Petitioner. Therefore, it is a fit case to exercise the jurisdiction under Section 482 Cr.P.C. 7. Accordingly, the criminal petition is allowed quashing the proceedings against the Petitioner/Accused No.3 in C.C.No.2337 of 2021 on the file of the Court of Judicial Magistrate of First Class, Jaggaiahpeta, Krishna District, for the offence punishable under Sections 138 and 142 of Negotiable Instruments Act,1881. Pending miscellaneous petitions, if any, shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:24.01.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.3037 of 2022 Dt.24.01.2025 Dinesh