IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THE 10th DAY OF NOVEMBER, 2009 CRIMINAL PETITION Nos.6705, 6709 and 6710 of 2009 Between: Umesh Kumar Chadha ….PETITIONER(S) a n d The State of Andhra Pradesh Rep. by its Public Prosecutor, High Court buildings, Hyderabad and another ….RESPONDENT(S) THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION Nos.6705, 6709 and 6710 of 2009 COMMON ORDER: These Criminal Petitions under Section 482 Cr.P.C. have been filed by A-3 in C.C.Nos.310, 309 and 308 of 2009 on the file of the I Additional Chief Metropolitan Magistrate, City Criminal Courts, Nampally at Hyderabad, to quash the proceedings against him for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 2. Since common questions of fact and law arise in all these petitions, they are being disposed of by a common order. 3. Heard. 4. The contention of the petitioner who was arrayed as A-3 in all these cases is that he is a Non-Resident Indian staying in United Arab Emirates as such he is not at all involved in the day to day affairs of the Company. It is his further contention that the other directors, who were also arrayed as accused in these cases, are staying locally and are in charge of, and are responsible to, the company for the conduct of the business of the company and, in fact, they have cheated him too. 5. Admittedly, the amount involved in these cases is about Rs.6.5 crores and the petitioner is one of the Directors of the Company and is a major shareholder of the Company. But, according to the petitioner, he is not at all involved in the affairs of the Company and he is not responsible for the conduct of the business of the company. The contention that the present petitioner is a major shareholder in the Company would probablise the version of the complainant that he is actively involved in the day to day affairs of the Company and so is responsible for the conduct of the business of the Company. 6. Having regard to the facts and circumstances of the case, it is directed that the trial in all these cases shall go on and the presence of the petitioner shall be dispensed with during the trial on an appropriate application being filed by him and on his being represented during the trial. However, the petitioner shall make himself available at the time of his examination under Sections 251 and 313 of the Code of Criminal Procedure, 1973, and pronouncement of judgment. The petitioner is at liberty to raise all the defences before the trial Court including the pleas that are taken before this Court in these petitions. 7. These Criminal Petitions are accordingly, disposed of at the stage of admission. ________________________ P.SWAROOP REDDY, J 10th November 2009 CVRK