N SAI RAGHUNANDHAN Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Petition is filed by the petitioner under Section 482 Cr. P. C. to quash the proceedings in C. C. No. 197 of 2006 on the file of the Special Judicial Magistrate of I Class (Prohibition and Excise), Anantapur, which was taken on file for the offence punishable under Sections 138 and 142 of the Negotiable instruments Act, 1881.

(2.) ORIGINALLY the 2nd respondent herein filed a complaint against one N. Sai Raghunandan forthe above offences. During the pendency of the case, the said Sai Raghunandan died. Therefore, the 2nd respondent herein filed an application under Section 29 of the N. I. Act to bring the legal representatives of Raghunandan on record.

(3.) LEARNED Counsel for the Petitioners contended that the petitioners cannot be brought under the purview of Section 141 of the n. I. Act and therefore, question of prosecuting them does not arise in view of the fact that they have not issued the cheque in question.