YALA SONIA REDDY Vs. BHAVANI SHANKAR MANNE

JUDGEMENT

(1.) This Criminal Petition is filed to quash the proceedings against the petitioner in C.C.No.27 of 2018 on the file of VII Metropolitan Magistrate at Hayathnagar (renumbered as STC.N.I.No.213 of 2021 on the file of Additional Junior Civil Judge-cum-VII Additional Metropolitan Magistrate at Hayathnagar) for the offences under Sec. 138 of the Negotiable Instruments Act.

(2.) According to the complainant/1st respondent, he worked in A1 company and towards outstanding of his salary, cheque for Rs.5,57,000.00 was issued by A1 company signed by A2. This petitioner arrayed as A3 is Whole-Time Director and also CFO of the company. Since the cheque was dishonoured on presentation, notice was issued by complainant to accused. The accused failed to make good the payment covered by the cheque, after receiving legal notice as such complaint was filed.

(3.) Learned counsel appearing for the petitioner would submit that the petitioner was working as Chief Financial Officer and she was initially Whole-Time Director of the company. The Chief Financial Officer cannot be made responsible for the company's outstanding. Even in the complaint, there is nothing specifically mentioned regarding the petitioner being responsible on daily basis. For the said reasons, the proceedings have to be quashed.