IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2541 OF 2009 Between: V. Madhava Rao .....PETITIONER AND Weizman Homes Limited and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2541 OF 2009 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed to quash the proceedings against the petitioner/A2 in C.C.No.2754 of 2006 on the file of I Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. 2. Heard both sides. 3. The allegations in the complaint would go to show that A1 and A2 approached the complainant, who was engaged in the business of Housing Finance, Consumer Finance and Fixed Deposits; obtained housing loan for construction of house and entered into a loan agreement, dated 20.05.2003. To discharge the said loan and also towards part payment of the said loan, A1 issued a cheque to the complainant. When the said cheque was presented, it was returned unpaid with an endorsement “insufficient funds”. Hence, the complaint. 4. Admittedly, the cheque was issued by A1. Since the case of the petitioner/A2 does not fall within the ambit of Section 141 of the Negotiable Instruments Act, 1881 (for short, “the Act”), the question of prosecuting him under Section 138 of the Act does not arise. Therefore, continuation of proceedings against the petitioner/A2 is nothing but abuse of process of Court. 5. Accordingly, the Criminal Petition is allowed quashing the proceedings against the petitioner/A2 in C.C.No.2754 of 2006 on the file of I Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. In view of the fact that the C.C. is of the year 2006, the trial Court shall proceed with trial against A1 and dispose of the same in accordance with law at an early date. _______________ K.C. BHANU, J August 19, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2541 OF 2009 August 19, 2010