THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.1302 OF 2010 ORDER: This application is filed to quash the proceedings in Calendar Case No.667 of 2007 on the file of XI Additional Chief Metropolitan Magistrate, Secunderabad. 2. A complaint was filed under Section 138 of the Negotiable Instruments Act originally by M/s. APL Life Sciences Limited on the ground that some cheques issued by the petitioners herein, who are accused, were dishonoured. Subsequently, after registration of the complaint an application is said to have been filed before the Court below to the effect that the original complainant M/s. APL Life Sciences Limited has been amalgamated with M/s. Aurobindo Pharma Ltd., Hyderabad and therefore, the name of he complainant may be substituted. Questioning the maintainability of the prosecution and relying on the own claim of the complainant that by the date of institution of the complaint M/s. APL Life Sciences Limited was not in existence, the present petition is filed to quash the proceedings. 3. However, it is contended by the learned counsel for the respondent/complainant that the process of amalgamation though has been there earlier, it has not pleaded as there was no publication as required under Sections 394 and 560 of the Companies Act. 4. Therefore, in view of the above circumstances, since already the application is pending before the lower Court for substitution of the name of the complainant, the validity or otherwise of it can effectively be decided by the lower Court and the competency of the continuation of the complainant can also be effectively decided and the petitioners are at liberty to raise all the arguments about the permission sought for by the complainant to substitute the name of the original complainant. At this stage, I do not find any reason to interfere with the proceedings. Accordingly, the Criminal Petition is disposed of. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:15-12-2011 INL