SREEDHAR REDDY DUDDUKUNTA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Mr. T. Bala Mohan Reddy, learned counsel for the petitioner and Mr. Eranki Phani Kumar, learned counsel for respondent No.2.

(2.) This Criminal Petition is filed under Sec. - 482 of the Code of Criminal Procedure, 1973, to quash the proceedings against the petitioner-accused No.4 in S.T.C (NI) No.1410 of 2022 on the file of I Additional Junior Civil Judge-cum-XII Additional Metropolitan Magistrate, Medchal-Malkajgiri District at Kukatpally for the offence punishable under Sec. - 138 of the Negotiable Instruments Act, 1881 (for short "N.I. Act").

(3.) The petitioner herein filed present criminal petition contending that he has submitted his resignation for the post of Directorship of accused No.1 Company on 22/5/2019. Accused No.1 Company had also submitted statutory Form DIR-12 with the Registrar of Companies acknowledging resignation of the petitioner. In proof of the same, he has filed copy of Form DIR-12. Therefore, as on the date of issuance of subject cheques bearing Nos.292192 and 296353, dtd. 30/12/2020 and 22/2/2021 respectively, the petitioner herein is not a director of accused No.1 Company. Respondent No.2 knowing the same filed the aforesaid complaint against him. Having considered the fact that the petitioner herein is no more the Director of accused No.1 company, vide order dtd. 10/8/2023 in Crl.P. No.5655 of 2022, the High Court of Karnataka quashed the proceedings against the petitioner in C.C. No.12712 of 2022 registered for the similar offence. Therefore, continuation of proceedings in S.T.C (NI) No.1410 of 2022 against the petitioner is an abuse process of law and, thus, prayed to quash the proceedings against the petitioner.