THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4368 of 2008 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings against him in C.C.No.1455 of 2004 on the file of the XIV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, whereby he is facing charge for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. Heard both sides. 3. Learned counsel for the petitioner contended that the instrument purported to be issued by the petitioner is not issued by the petitioner herein and the signature is also not his signature and further he relied on a document issued by the bank in which it is clearly stated that the account not stands in the name of the petitioner herein, but whereas, it stands in the name of one Ramchandra Reddy and also in the memo issued by the bank also, it is stated that the said cheque is not issued in the name of Chada Constructions. Whereas, on perusal of the records, it is seen that the said instrument is issued by a person signed in the instrument wherein it is stated that Chada Constructions Managing Partner. 4. This Court perused the records and also heard the arguments. It is evident from the records that the present cheque is not issued by the petitioner herein and the account also not stands in his name. Hence, the offence under Section 138 of the NI Act not attracts as far as the petitioner is concerned. Hence, the proceedings against the petitioner in C.C.No.1455 of 2004 on the file of the XIV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, are liable to be quashed and the same are accordingly quashed. 5. In any event, taking into consideration that the cheque signed by a person as Managing Partner, the said signature is in dispute and the petitioner’s counsel as well as the respondents counsel are not in a position to inform to the Court that who is the signatory, it clearly indicates that some offence had been committed during the transaction between the complainant and the accused herein. Hence, the complainant is at liberty to file a fresh complaint. 6. With the above observation, the criminal petition is disposed of. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. _______________ RAJA ELANGO, J. 24th March 2011, Rns.