TRIPURANENI SRI PRASAD Vs. STATE OF A P

JUDGEMENT

(1.) All these three petitions are filed under Section 482 of the Code of Criminal Procedure, 1973 by one T. Sai Prasad, who is the sole accused in C.C. Nos.230, 229 and 264 of 2004 on the file of the Judicial Magistrate of First Class, Dharmavaram respectively, seeking quashing of the complaints in all the three cases.

(2.) All the three cases arose under Section 138 of the Negotiable Instruments Act (for short "the Act"). The original complainants in C.C.Nos.230 of 2004 and 264 of 2004 was one Chennappa. After filing of the complaints, he died on 7-8- 2004. While in C.C.No.229 of 2004 the complainant is one Ranga Sreenivasulu, who is the son of the above said deceased Chennappa. In the C.C.Nos.230 and 264 of 2004 the above said Ranga Sreenivasulu came on record as the legal representative of the deceased Chennappa as per the orders dated 12-10-2004 made in Criminal Miscellaneous Petition No.3392 of 2004 (in C.C.No.230 of 2004) and Criminal Miscellaneous Petition No.3392 of 2004 (in C.C.No.264 of 2004). Copy of the said orders were not filed along with the criminal petitions. Only at the instance of the Court, tiie order made in Criminal Miscellaneous Petition No.3392 of 2004 is supplied to the Court. The docket order discloses that the legal representative petition was allowed granting permission to continue the proceedings to Ranga Sreenivasulu without notice to the accused.

(3.) The detailed facts of the cases are not necessary for the purpose of the disposal of the three petitions, suffice to say that as the cheques issued by the accused, the petitioner herein, (hereinafter referred to as 'the accused') were dishonoured, the proceedings were initiated under Section 138 of the Act.