HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7461 OF 2010 ORDER: This criminal petition is filed by the petitioners, under Section 482 Cr.P.C., seeking to quash the order dated 15.06.2010 passed by the learned XVIII Addl. Chief Metropolitan Magistrate, Hyderabad, in Crl.M.P.No.1904 of 2010 in C.C.No.490 of 2008. Briefly, the facts of the case are that originally, the 1st respondent herein filed a complaint in C.C.No.No.490 of 2008 on the file of the XVIII Addl. Chief Metropolitan Magistrate, Hyderabad, against M/s. Radhika Silk Mills (P) Ltd., Hyderabad, for the offence punishable under Section 138 of the Negotiable Instruments Act (for short ‘the Act’). During pendency of the complaint, the 1st respondent filed Crl.M.P.No.1904 of 2010 with a prayer to add the petitioners herein as A.2 and A.3 in C.C.No.490 of 2008 as they are proper and necessary parties to the case being the Managing Director and the Executive Director of A.1 company. After hearing both sides, the court below allowed the petition by an order dated 15.06.2010. The same is questioned in this criminal petition. The main grievance of the petitioners is that they were not served with the statutory notice to attract the offence under Section 138 of the Act. The learned counsel for the 1st respondent is present in the court and produced before this Court a copy of the statutory notice issued on 21.09.2007 wherein it is clearly stated that A.1 company is represented by its Managing Director, Rajesh Agarwal, who is the 1st petitioner herein. The learned counsel further submitted that the 2nd petitioner is not connected with issuance of the cheque and therefore he has no objection to set aside the impugned order in connection with the 2nd petitioner. In view of the same, the order dated 15.06.2010 passed by the learned XVIII Addl. Chief Metropolitan Magistrate, Hyderabad, in Crl.M.P.No.1904 of 2010 in C.C.No.490 of 2008, in so far as the 2nd petitioner is concerned, is hereby set aside and in so far as the 1st petitioner is concerned the same is confirmed. The learned Magistrate is directed to proceed with the case against the 1st petitioner herein. Accordingly, the criminal petition is disposed of. __________________ RAJA ELANGO, J 2nd August, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANAGO CRIMINAL PETITION No.7461 of 2010 (Disposed of) 2nd August, 2010 CBS