K SEETHARAM REDDY Vs. K RADHIKA RANI

JUDGEMENT

(1.) 1.Since the parties are same and as common questions of law and fact are involved both the Criminal Petitions can be disposed of together.

(2.) The petitioner is the second accused in C.C. 563 of 2000 and C.C. 506 of 2000. The first accused in both the cases is one Mr. C. J.Reddy. The complainant in both the cases is common.

(3.) The petitioner seeks to quash both the cases filed against him under Section 138 of the Negotiable Instruments Act (for short "the Act") on the premise that he is arrayed in the complaint neither as a partner nor as a Director of any Firm or the Company, as the case may be, and inasmuch as he has been arrayed as an individual and since the Act does not envisage any vicarious liability except under Section 141 of the said Act, the proceedings againsthim inboth the criminal cases cannot be maintained.