THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.9265 OF 2009 ORDER: This criminal petition is filed under Section 482 Cr.P.C. by Smt.Anita Gupta - petitioner – accused No.3 seeking to quash the proceedings in C.C.No.747 of 2008 on the file of the I Additional Chief Metropolitan Magistrate, City Criminal Court, Nampally, Hyderabad, arising out of a private complaint. 2. Heard both sides. 3. The offence is under Section 138 of the Negotiable Instruments Act. The petitioner is A-3. The allegation against the petitioner-A3 is that the first accused is a firm, represented by the second accused. There is no dispute that the de facto complainant has lent an amount of Rs.23 lakhs to the accused for business purpose. Out of that, there is no dispute that the present petitioner-A3 has received Rs.10 lakhs by way of Demand Draft on her name. There is an allegation in the complaint that the present petitioner-A3 was also actively participating in the business. There is also no dispute that the cheque bounced was signed by A-2. 4. Learned counsel for the petitioner contends that as there is no material on record to show that the petitionerA-3 was responsible for the business and as the cheque was issued by A-2, there being no material to show that it was issued towards discharge of the debt due to the complainant, which also covered the amount received in the name of A-3, A-3 is not liable. 5. In the circumstances, it is too premature to give any finding on the liability of A-3. It cannot be said that there is no prima facie case against her in view of the fact that undisputedly she has received an amount of Rs.10 lakhs from the complainant, that too, by way of Demand Draft and there is an allegation in the complaint stating that the petitioner-A3 is also actively involved in the business affairs and the claim of the complainant is that the amount was borrowed for the purpose of business of A-1. 6. In the circumstances, it is not a fit case for quashing the proceedings against the petitioner and the criminal petition fails and the same is accordingly dismissed. ___________________ P. SWAROOP REDDY, J. 22nd January 2010, Rns.