P SURYANARAYANA Vs. STATE OF A P

JUDGEMENT

(1.) The above petitions are filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in the criminal cases covered by the petitions pending on the file of the learned IV Metropolitan Magistrate, Hyderabad.

(2.) As a common question of law is involved in all the petitions and as all the petitions are filed by the same accused, they are being disposed of by a common order.

(3.) The de facto complainant filed several complaints before the learned IV Metropolitan Magistrate, Hyderabad, against the Managing Directors, Directors and Financial Controller, including the petitioner, who is one of the Directors, of M/s. Renewable Energy Systems Ltd., (for short, 'RESL'} under Section 138 of the Negotiable Instruments Act, hereinafter to be referred to as 'the Act' for the sake of brevity, alleging that it leased out equipment under a lease agreement, dated 10.3.1995 to the accused at quarterly rent of Rs.16,35,960/-, that in pursuance of the agreement, RESL issued the cheques in question and the cheques were dishonoured with endorsement, 'exceeds the arrangement', and that thereafter the complainant issued a demand notice to the accused to pay the amount, but the accused did not pay the amount and hence they committed an offence punishable under Section 138 of the Act. The complaints were registered against the accused as aforesaid. One of the Directors, Sri P. Suryanarayana fled the present petitions to quash the proceedings in the C.Cs. covered by the petitions.