THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.301 OF 2011 DATED 28th MARCH, 2011. BETWEEN : J.Srinivasa Rao & another .. Petitioners-A.2 & A.1 and The State of A.P. & another ..Respondents THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.301 OF 2011 ORDER: Petitioners-A.2 and A.1 approach this Court with a prayer to quash the proceedings in C.C.No.297 of 2010 on the file of the XIII Metropolitan Magistrate’s Court, Cyberabad at L.B.Nagar, for the offence under Section 138 of Negotiable Instruments Act. Heard. The first contention of the petitioners is that A.2 is not the signatory to the instrument concerned and the cheque was issued by A.1 in his personal capacity. Hence, A.2 cannot be prosecuted for the said offence. The second contention of the petitioners is that the cheque was issued earlier to the transaction. Hence, there cannot be any prosecution against the accused for the offence under Section 138 of Negotiable Instruments Act. As far as the first contention is concerned, when the transaction is by an individual, whatever may be the relation between the person, who is arrayed as an accused, with the signatory, this Court is of the view that there cannot be any prosecution against such person under Section 138 of N.I. Act. Hence, this Court is of the view that the proceedings against the first petitioner i.e. A.2 are liable to be quashed. As far as the second contention is concerned, this Court is of the view that the same can be raised before the trial Court and it is for the trial Court to decide the same basing on the material available on record. Hence, the proceedings against A.2 alone in C.C.No.297 of 2010 on the file of the XIII Metropolitan Magistrate’s Court, Cyberabad at L.B.Nagar, are hereby quashed. In any event, the trial Court is directed to complete the trial against A.1 within a period of six months from today. Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ___________________ RAJA ELANGO, J 28th March, 2011 sur