LAWS(TLNG)-2023-9-43

TIRUMALA URMILA Vs. VALA JAGAN MOHAN RAO

Decided On September 20, 2023
Tirumala Urmila Appellant
V/S
Vala Jagan Mohan Rao Respondents

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioners/A2,3,5 and 6 to quash the proceedings against them in C.C.No.636 of 2015 on the file of Junior Civil Judge-cum-Judicial Magistrate of First Class, Special Mobile Court, Medak.

(2.) Briefly, the case of the 2nd respondent/complainant is that these petitioners are partners in A1 partnership firm. In the course of business, for repaying amount outstanding to the 1st respondent, two cheques for Rs.45,60,000.00 were given towards repayment. The said cheques, when presented for clearance were returned unpaid. Notice was issued, pursuant to which complaint was filed, since the accused failed to repay the amount covered by the cheques having received the notice.

(3.) Learned counsel for the petitioners would submit that there is no specific allegation against these petitioners. For the reason of being wife and children of A4, petitioners have been falsely implicated. They are sleeping partners and they have nothing to do with the day to day affairs of the firm. In the complaint at para 11, except stating that these petitioners are partners of A1 partnership firm, being from the same family and involved actively in the day to day affairs of the company, there is nothing in the complaint to suggest that these petitioners were involved in any manner with the transactions in between A1 firm and the complainant.