THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.1756 of 2005 Date of Order: 08-07-2010 Between: Leela Agarwal ..Petitioner and 1. State of A.P. rep. By Public Prosecutor High Court of A.P., Hyderbad and another. ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.1756 of 2004 Oral order: Petitioner, who is accused No.3 in C.C.No.281 of 1998 registered for the offence under Section 138 of Negotiable Instruments Act, 1881 (for short “the Act”), filed this petition under Section 482 Cr.P.C. to quash the said proceedings. The petitioner who was the Director of M/s.Pennar Patterson Securities Limited stated that he resigned from the Company on 18-02-1997 itself, whereas the cheques alleged to have been issued on 10-08-1997 and 10-09-1997. Therefore, proceedings cannot be proceeded with against him. This Court while ordering Notice Before Admission permitted the petitioner to take out personal notice to the 2nd respondent/complainant and to file proof of the same and granted stay including his appearance and the same was extended from time to time till 25-02-2008 by three weeks and thereafter the same has not been extended. The petitioner has not taken any steps to get the respondents served even after five years. It is now fairly well settled that due to delay in trial of criminal cases, the prosecution witness will be won over and prosecution cannot be able to prove the guilt of the accused. Admittedly, the stay has not been extended since last two years three months i.e. from March, 2008 onwards, I see no reason to quash the proceedings at this stage. The Criminal Petition is accordingly dismissed. _________________ A.GOPAL REDDY, J. 08-07-2010 Murthy