VIJYALAXMI AGENCIES Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The point involved in these two Criminal Petitions is one and the same, and therefore, these two petitions are being disposed of by this common order.

(2.) Criminal Petition No. 1749 of 2005 is filed by M/S Sri Vijayalakshmi Agencies, a Partnership Firm, and three of its partners, whereas Criminal Petition No.2553 of 2005 is filed by three partners of M/s. Sri Vijayalakshmi Agencies. The second respondent M/s. Godavari fertilizers and Chemicals Limited filed two Calendar Cases, being C.C.No.1234 of 2004 and C.CNo.1144 of 2004 on the file of the Court of the X Metropolitan Magistrate, Secunderabad, against the petitioners herein and others alleging an offence under Section 138 of the Negotiable Instruments Act (for short "the Act") and the Court below has taken cognizance thereof. These Criminal Petitions are filed to quash the proceedings in the above C.C.Nos.1234 of 2004 and 1144 of 2004, insofar as the petitioners are concerned.

(3.) The main contention put forth by the learned counsel for the petitioners, Sri T.Nagarjuna Reddy, is that the petitioners cannot be fastened with any liability, as they have nothing to do with the alleged issuance of cheques, and thus sought quashing of the proceedings, pending against the petitioners. However, the learned counsel appearing for the second respondent opposed the said submission and has drawn my attention to the specific averments made in the complaint, and submitted that the question as to whether or not there is any active participation by the petitioners, has to be gone into by the Court below and thus, it is not a matter for quashing the proceedings in the above Calendar cases.