SHANMUGHA SUNDERA RAJA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal petition is filed by the accused Nos.3 and 4 under Section 482 Cr.P.C for quashing proceedings in CC No.380/2005 on the file of I Additional Judicial Magistrate of the First Class, Kodad relating to offence punishable under Section 138 of Negotiable Instruments Act

(2.) A2 to A4 are partners in A1 firm. Out of them, A2 is managing partner and A3 and A4 are partners, even as per allegations in the complaint. A5 is stated to be a broker. It is alleged that A2 as managing partner of A1 placed order with the compIainant-2nd respondent through A5 for supply of boiled rice on credit basis. In that transaction, A1 became liable to pay Rs.10,91,400/- as per accounts. It is aileged that in discharge of the said enforceable obligation, when demanded, A2 as managing partner of A1 issued two cheques for Rs.5,00,000/- and Rs.5,91,400/- on 28.1.2005 and 1.2.2005 respectively in favour of the complainant and that those cheques when presented for encashment, were bounced. Thereupon, the 2nd respondent filed complaint in the lower Court against A1 to A5.

(3.) It is contended by the petitioners' Counsel that the petitioners who are A3 and A4 are not managing partners of A1 firm and that even as per allegations contained in the complaint, it was A1 who placed order for supply of boiled rice on behalf of A1 and it was A2 as managing partner of A1 who issued two cheques towards discharge of the obligation and that A3 and A4 have no direct participation in this transaction and that therefore, the complaint is not maintainable as against A3 and A4.