HON'BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.4858 of 2007 Between: Guduru Krishna Veni and others … Petitioners And The State of A.P., rep. By its public Prosecutor and another … Respondents This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.4858 OF 2007 ORDER:- This petition under Section 482 Cr.P.C is filed by the petitioners to quash the proceedings initiated against them in C.C.No.98 of 2004 for the offence punishable under Section 138 N.I.Act, pending on the file of Judicial Magistrate of First Class, Avanigadda, Krishna District. A reading of the complaint filed by the 2nd respondent/ complainant discloses that A2, being the Managing Director of the A1 company, along with A3 borrowed an amount of Rs.5,00,000/- from the complainant’s transferor M/s.Sibar Finance Company Limited, Vijayawada and executed two separate promissory notes for due discharge of the said loan for Rs.2,50,000/- each in its favour. Further the Managing Director of the said finance company K.Anil Kumar, transferred the promissory notes for consideration of Rs.1,00,000/- each in favour of the complainant on 10.08.2003 and endorsed the same on the reverse of the two respective promissory notes. On the repeated demands made by the complainant, with regard to the said promissory notes debt, A2 in the capacity of Managing Director of the A1 company issued two post dated cheques for Rs.2,50,000/-, dated 01.11.2003 and 15.11.2003. When the said cheques were dishonoured on presentation, the complainant got issued a registered notice on 30.12.2003 to all the accused intimating the dishonour of the cheques. On return of the notices, the present complaint has been filed. In the entire complaint, there is no whisper that the petitioners, who are accused Nos.4 to 6, are in the helm of affairs or incharge for conducting the business of the 1st respondent company nor any allegation that the offence was committed with consent or connivance with other directors including the Managing Director. In the absence of any such allegations, the proceedings initiated against the petitioners are nothing but an abuse of process of law and if the same is allowed to continue, it leads to unnecessary harassment of the petitioners. In view of the same, the proceedings initiated against the petitioners are liable to be quashed. The Criminal Petition is allowed. _________________ A.GOPAL REDDY, J 23rd September 2010 lmv