THE HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.112 OF 2007 ORDER: None appears for the petitioners. Heard learned counsel for the respondents. The petitioners, who are arrayed as Accused Nos.2 and 3 in C.C.No.536 of 2001 for the offences punishable under Section 138 of the Negotiable Instruments Act, filed this Criminal Petition under Section 482 Cr.P.C., to quash the proceedings initiated against them. Indisputably after completion of trial, when the C.C. was coming up for arguments, respondents 2 and 3 herein, namely accused Nos.4 and 5, have filed a suit in O.S.No.4859 of 2003 before the IX Junior Civil Judge, City Civil Courts, Hyderabad, for declaration and for consequential mandatory injunction, declaring that they ceased to be Directors of the first respondent (A.1) company with effect from 9.09.1999 and they are not involved in any manner in the functioning or in the day to day affairs of the first respondent company. On dismissal of the suit, they filed an appeal in A.S.No.250 of 2005 and obtained suspension of the judgment and decree in the suit. Against the said order, the petitioners filed the present criminal petition contending that respondents 2 and 3 herein (A.4 and A.5), with an intention to escape from the liability, filed the above suit and until the appeal is disposed of the proceedings in C.C.No.536 of 2005 have to be restrained, and obtained stay of all further proceedings. Filing of suit by respondents 2 and 3 (A.4 and A.5) for declaration is nothing to do with the criminal liability of the petitioners. In view of the same, staying of proceedings at this stage is not at all warranted. Accordingly the Criminal Petition is dismissed. ____________________ (A. GOPAL REDDY, J.) 13th August, 2010 Js.