THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9794 of 2011 ORDER: Petitioners approach this Court by way of invoking the provisions under Section 482 Cr.P.C. with a prayer to quash the proceedings in C.C.No.25 of 2011 on the file of the I Additional Judicial Magistrate of First Class, Proddatur, where they are facing prosecution for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act. Heard. The main contention raised by the learned counsel for the petitioner is that the fourth petitioner herein is a lady. Even though she is the Director of the Company, she is not an active participant in the day-to-day affairs of the company. In contra, learned counsel for the respondent submitted that the complainant has stated in the complaint that the said petitioner is also taking active part in the day-to-day affairs of the company. On a perusal of the record, this Court is of the view that except the said word, nothing is there in the complaint to show that the fourth petitioner is also actively participating in the day-to-day affairs of the company concerned and further more, the signatory, who is the Managing Director and husband of the fourth petitioner is facing trial. In view of the same, the complaint against the fourth petitioner herein alone is quashed. The other petitioners are directed to face the trial. However, in view of the nature of offences, the question of identity of the accused does not arise. Hence, the presence of the petitioners 1 to 3 before the trial Court is dispensed with except on the dates on which the learned Magistrate insists for their appearance and they shall properly be represented through their counsel. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _________________ RAJA ELANGO, J. 13th October, 2011 pnb