THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No. 3221 of 2010 O R D E R: The petitioners 1 and 2 – Accused 1 and 2 are accused of offence punishable under Section 138 of the Negotiable Instruments Act. The accused No.2 is Managing Director of the Accused No.1 company. The 2nd respondent – A.P. State Financial Corporation, Nalgonda represented by its Assistant General Manager filed the complaint in C.C. No. 206 of 2009 in the Court of Judicial Magistrate of the First Class, Nalgonda against the petitioners alleging dishonour of cheques issued by the Accused No.2 representing the Accused No.1 in favour of the 2nd respondent. It is alleged that the cheques were issued by the Accused No.2 representing the Accused No.1 who borrowed huge sum of money from the A.P. State Financial Corporation. Now it is contended in this Petition that the Accused No.2 did not sign the cheques and is not aware who signed and issued the cheques. It is nobody’s case that the bank returned the cheques on the ground that signatures of the Accused No.2 are not tallying. In any event, it is a question of fact, which this Court cannot go into in this Petition under Section 482 of the Code of Criminal Procedure. It is then contended that the Accused No.2 has not issued any cheques in his capacity of Managing Director of the Accused No.1 company and that those cheques were issued by a 3rd person in his private capacity. This point is also involving a question of fact. It is for the trial Court after both the parties let in their evidence to come to the conclusion whether the Accused No.2 issued the cheques in his individual capacity or as Managing Director of the Accused No.1 - company or whether those cheques were issued by a 3rd party. Simply because at one point in the complaint, the Accused No.1 company is referred to as partnership concern, it is not going to non- suit the 2nd respondent. I do not find any valid and legal reasons to quash proceedings in C.C. No. 206 of 2009 pending in the lower Court. Hence, the Petition is dismissed. ------------------------------------- (SAMUDRALA GOVINDARAJULU, J) 8th June 2010 ksld