IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY, THE 26th DAY OF OCTOBER, 2009 CRIMINAL PETITION No.3705 of 2009 Between: Janani Motors rep by its Managing Partner, Bellampally X Roads, Mancheriyal-504 208 ….PETITIONER(S) a n d The State, rep by P.P., High Court of A.P., Hyderabad, and another ….RESPONDENT(S) THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.3705 of 2009 ORDER: This criminal petition under Section 482 Cr.P.C. is filed by A-1 and A-2 in C.C.No.638 of 2007 on the file of the I Additional Chief Metropolitan Magistrate at Hyderabad, seeking to quash the proceedings against them for the offence punishable under Section 138 read with Section 142 of the Negotiable Instruments Act. 2. Heard. 3. There is no dispute that the petitioners have issued the cheuqe dated 30.03.2007 towards ESI contribution and the same is dishonoured. The contention of the petitioners is that the cheque in question was not issued towards discharge of any legally enforceable debt or other liability and that by order dated 02.08.2007 in I.A.No.139 of 2007 in EIC No.24 of 2007 the Industrial Tribunal-I, Hyderabad, had granted interim stay of all further proceedings in the matter pending before it wherein the petitioners have questioned the recovery proceedings. Since the present cheque is said to have been issued towards the disputed recovery proceedings, the petitioners seek to quash the proceedings against them. 4. Having regard to the facts and circumstances of the case, I am of the opinion that it is not a fit case to quash the proceedings in view of the date of issue of the cheque and of undisputed bouncing. 5. The Criminal Petition is, accordingly, dismissed. However, the petitioners are at liberty to take all the pleadings before the trial Court including the stay of liability on account of the recovery proceedings. _______________________ P.SWAROOP REDDY, J 26th October 2009 CVRK