MADDUKURU BALAGANGADHAR TILAK Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed to quash the proceedings against the petitioners/A1 and A2 in CC.No.1 of 2018 on the file of VIII Special Magistrate at Hasthinapuram, R.R.District for the offence under Sec. 138 of the Negotiable Instruments Act (for short, 'the Act').

(2.) It is alleged in the complaint that the 2nd respondent /complainant is into the business of manufacturing "Kraft Paper". During the course of business supplies were made and towards the outstanding payable, three cheques were issued in favour of the complainant by the firm namely Sree Venkata Sai Packaging Industries.

(3.) Learned counsel appearing for the petitioners would submit that cheques were issued by partnership firm but the partners only are made accused and not the partnership firm which is Sree Venkata Sai Packaging Industries. Failure to make the 'firm' as party to the criminal complaint, the complaint cannot be proceeded against persons in charge of the firm.