SMT JUSTI CE T.RAJANI CRI MI NAL PETI TI ON Nos.4 5 2 2 , 4 5 2 9 an d 4 5 3 8 OF 2 0 1 3 COMMON ORDER: These petitions are filed seeking for quash of the proceedings against the petitioners, who are A3, A4, and A8 respectively, in C.C.No.436 of 2009 on the file of the Court of XIV Additional Chief Metropolitan Magistrate, City Criminal Courts, at Nampally. The offences alleged are under Sections 138 and 141 of N.I.Act. 2. Heard the counsel for the petitioners and the Public Prosecutor appearing for the 2nd respondent. None appears for the 1st respondent in spite of notice. 3. The counsel for the petitioners submits that the cheque, in question, was issued by M/ s.Pyramid Saimira Theatre Limited, while the complaint is filed by M/ s.Color Chips New Media Ltd., a company incorporated under the provisions of The Companies Act, which are two different entities. 4. A perusal of the cheque shows that the contention of the petitioners’ counsel is correct. The complaint is filed against M/ s.Pyramid Saimira Theatre Limited. The counsel was directed to produce the copies of the Incorporation Certificates of the two companies and the same were produced before this court, which show that the two companies are two different entities. Section 138 N.I.Act permits prosecution only when the cheque is drawn by the person on an account maintained by him with the Banker for discharge of any debt or other liability. 5. Hence, when the contents of the complaint are to the effect that the liability is that of the first accused, which is M/ s.Pyramid Saimira Theatre limited, witch obviously did not issue any cheque with the help of which prosecution can be launched under Section 138 N.I.Act, the prosecution cannot be sustained and the petitions are liable to be quashed. 6. With the above observations, the Criminal Petitions are allowed and the proceedings in C.C.No.436 of 2009 on the file of the Court of XIV Additional Chief Metropolitan Magistrate, City Criminal Courts, at Nampally, against the petitioners, are hereby quashed. As a sequel, the miscellaneous applications, if any, shall stand closed. __________________ JUSTI CE T. RAJANI October 3, 2018 LMV