'N APHC010423462024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI O o k\ © MI WEDNESDAY, THE TWENTIETH DAY OF AUGUST «0 4^ .O, TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6821 OF 2024 Between; 1. Musuluri Suresh Babu, S/o.Anjaiah, aged 52 years, Hindu, Private Employee, Present R/o.C-28, JK Road, Govindapura, Bhopal, Madhya Pradesh-462023, India or N/o.Thimmanapalem Village, Korisapadu Mandal, Bapatia District, Prakasam Judicial District-523212, A.P., India. 2. Musuluri Radha, W/o.Suresh Babu, aged 46 years, Hindu, House wife, R/o.C-28, JK Road, Govindapura, Bhopal, Madhya Pradesh-462023, India or N/o.Thimmanapalem Village, Korisapadu Mandal, Bapatia District, Prakasam Judicial District-523212, A.P., India. ...Petitioners/Accused Nos.3 & 11 AND 1. Patibandia Venkateswarlu (Complainant), S/o.P.Shree Ramulu, aged 64 years, Employee, R/o.RTC Colony, Mangamur Road, Ongole, Prakasam District, A.P. 2. The State of Andhra Pradesh, Represented by Public Prosecutor, High Court of Andhra Pradesh. ...Respondents/Complainant & State Petition filed under Section 528 of BNSS (Section 482 of Cr.P.C) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Pepon, the High Court may be pleased to quash the Complaint in C.C.No.370 of 2021, dated 11-06-2018 on the file of Court of the III Additional Judicial Magistrate of First Class, Ongole, Prakasam District against the Petitioners/Accused Nos.3 & 11 for the offence punishable U/Sec.138 of N.l. Act. lA NO: 2 OF 2024 Petition filed under Section 528 of BNSS (Section 482 of Cr.P.C) praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings consequent to the Complaint in C.C.No.370 of 2021 dated 11-06-2018 on the file of Court of the III Additional Judicial Magistrate of First Class, Ongole, Prakasam District against the Petitioners/Accused Nos.3 & 11 for the offence punishable U/Sec.138 of N.I.Act including the appearance of the petitioners/A3 & A11, pending disposal of the main petition. Counsel for the Petitioners: Sri S. Siva Rama Krishna Prasad Counsel for the Respondent No.1: None appeared Counsel for the Respondent No.2: Assistant Public Prosecutor The Court made the following: APHC010423462024 COURT OF ANDHRA PRADESH at AMARAVATl (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT . JUSTICE VENKATA JYOTHIRMAl PRATAPA rpiMINAL PETITION No. 6821/2024 IN THE HIGH [3396] ■la’a: THE HONOURABLE DR TMUSULURI SURESH BABU, S® ANJAIAH, aged 52 YEARNS, H^NDU, _ o,q private EMPLOYEE, ,^^nHYA^PRADESH-462023, INDIA OR GOVINDAPURA, BHOPAL, N/0 thimmanapalem village, KORISAPAW MANDAL, BAPATIA district, PRA^f^“^'-sh bIKeD 46 YEARS, HINDU, vTaT S^Dr^A-kT'^PATI^^^^ RRAKASAM JUDICIAL DISTRICT -523212, A.P., pgT.|.p|of4ER/ACCUSED(S) C-28, j PATIBANDLA VEN^TESWApl.'iMCO^^^^^^^ S/0 P^SHREE PROSECUTOR HIGH COURT OP A™ PRADESH Counsel for the Petitioner/accused(S): 1.SS RAMA KRISHNA PRASAD the Respondent/complainant(S); Counsel for 1.PUBLIC PROSECUTOR The Court made the following. ORDER; of Bharatiya Nagarik Suraksha / Accused Nos.3 and 11, seeking the file of the under Section 528 The instant petition Sanhita, 2023’ has been filed by the Petitioners quash the proceedings against them in . in C.C.No.370 of 2021 on to For short ‘BNSS‘ Court of III Additional Judicial First Class under Section 138 of Negotiable Instruments Act, 1881^ Magistrate, Ongole for the offence 2. Sri S.Siva Rama Krishna, learned counsel for the that the allegations levelled against the Petitioners would further submit that the Petitioners he complainant nor issued the subject cheque. Learned submit that, as per the terms and conditions of the 28.11.2007, Accused Nos.2 and 14 Petitioners would submit are false. Learned counsel never borrowed any amount from the counsel would further Partnership Deed dated are the Managing Partners of A.1- firm and the Petitioners are the sleeping partners of the firm. The Petitioners are no way concerned with the alleged borrowal and issuance of subject cheque. Therefore, continuation of proceedings against the Petitioners is an abuse of process of law. 3. Inspite of service of notice No.1/Complainant. none appeared for Respondent 4. It is alleged in the complaint that, A.1 is a partnership firm represented by Accused No.2 who is the Managing Partner and Accused Nos.3 to 15 are the other partners of the said firm. It is further alleged that, all the Accused borrowed a sum of Rs.7,50,000/- from the Complainant on 30.06.2025 for their business, agreeing to repay the same with an interest @ 18% per annum compounded annually. On repeated demands of the Complainant, a cheque bearing No.272878 dated 14.03.2018 was issued by A.1-firm for an amount of on State Bank of India, Addanki branch towards Rs.11,00,000/- drawn part satisfaction of the amount. On presentation of the same before his banker by the Complainant, the same was dishonoured for the reason “funds insufficient” in the ^ for short 'the N.I. Act' account of A. 1-Firm. In spite of issuance of notice, no amount has been paid by the Accused. 5. As seen from the Partnership Deed dated 28.11.2007, it is clear that the Petitioners / Accused Nos.3 and 11 are the sleeping partners of A.1- firm and Accused Nos.2 and 14 are its Managing Partners, who are authorized to operate the bank account in the name of A.1- firm and also to borrow amounts from the banks and individuals. The subject cheque was also issued by the Accused No.2 in the name of A.1- firm in the capacity of its Managing Partner. Vicarious liability cannot be attributed against the Petitioners / Accused Nos.3 and 11, who are the sleeping partners of A.1- firm. In such circumstances, continuation of proceedings against the Petitioners is an abuse of process of law. Therefore, this Court is of the considered view that, it is a fit case for quashment of the proceedings against the Petitioners by exercising the inherent power under Section 528 of BNSS. 6. Accordingly, the Criminal Petition is allowed and the proceedings against the Petitioners / Accused Nos.3 and 11 in C.C.No.370 of 2021 on the file of the Court of III Additional Judicial First Class Magistrate, Ongole, for the offence under Section 138 of Negotiable Instruments Act, are hereby quashed. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The III Additional Judicial Magistrate of First Class, Ongole, Prakasam District. 2. One CC to Sri S.Siva Rama Krishna Prasad, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh. [OUT] 4. Two CD Copies BSV vna HIGH COURT DATED:20/08/2025 ORDER 8 SEP CRLP NO. 6821 OF 2024 ALLOWING THE CRIMINAL PETITION