SURAJ THEATRE Vs. KAKARLA BHARATHI

JUDGEMENT

(1.) This petition is filed under section 482 of the Criminal Procedure Code, 1973, to quash the proceedings in C.C. No. 220 of 1995, on the file of the Third Metropolitan Magistrate, Vijayawada.

(2.) The facts giving rise to the filing of this petition are briefly as follows : The first respondent represented by the general power of attorney holder filed a complaint against the petitioners under sections 138 and 142 of the Negotiable Instruments Act alleging that A-1 is a partnership firm with its office at Vuyyuru, Krishna District. A-2, is the managing partner and A-2 to A-5 are the partners of the said firm. It is further stated that A-2 to A-5 as partners of A-1 firm, are in charge of and responsible to and playing an active role in the management and in the day-today conduct of the business of A-1 firm. It is further alleged that A-1 borrowed Rs. 30,000, Rs. 21,000 and Rs. 30,000 on 28/11/19 8/12/1989, and 28/09/1994, respectively, and executed promissory notes promising to pay interest at 30 per cent. per annum and issued cheque dated 25/05/1992, for Rs. 1,50,000 in favour of the complainant drawn on Indian Bank, Vuyyuru, and the same was presented for collection at Andhra Bank, Vijayawada, but it was returned on 7/06/1995, due to insufficiency of funds. The complainant got issued notice to accused No. 1 and the accused failed to pay the amount. It is further alleged that the offence was committed with the active connivance and negligence of all the accused and hence they are liable for punishment.

(3.) Now, the petitioners filed this petition to quash the proceedings.