THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION NO.3252 OF 2008 ORDER: This is a petition filed under Section 482 Criminal Procedure Code (for short Cr.P.C.) for quashing the proceedings in C.C.No.751 of 2007 on the file of the Chief Metropolitan Magistrate, Visakhapatnam against the present petitioner, who is A.2 therein. 2. The 1st respondent herein has filed a complaint under Sections 138 and 142 of Negotiable Instruments Act for dishonour of a cheque issued by the 1st respondent therein. 3. The contention of the petitioner’s counsel is that the said cheque alleged to have been dishonoured was issued by Accused No.1, which is a proprietary concern and the present petitioner, who is A.2 in the said complaint is nothing to do with the said issuance of the cheque, as such she cannot be prosecuted for the offence under Sections 138 and 142 of Negotiable Instruments Act. 4. As per the averments made in the complaint in C.C.No.751 of 2007, the accused No.1 is the son of A.2. Accused No.1 is the proprietor of M/S Bhoomika Exports and he represented to the complainant that he has firm commitment and procured iron ore supply from licences at Bellary and Mangalore and that he can effect supplies on orders. Accused made the said representation, knowing it to be false as is evident from the events in recent past. Accused induced the complainant to pay advance of Rs.50,00,000/- in the name of Accused No.2 with whom Accused No.1 has business transactions. Believed the representation of the accused, the complainant had issued two cheques dated 06.04.2005 and 07.04.2005 for Rs.40,00,000/- and Rs.10,00,000/- each respectively drawn on IDBI Bank, Visakhapatnam in favour of Accused No.2. Thereafter, A.2 has presented the cheques for clearance at IDBI, Rajahmundry Branch and realized the proceeds. Both the accused promised to repay the said amount with 24% interest. Subsequently, at the repeated requests of the complainant, A.1 issued two cheques bearing Nos.833454 and 833455 dated 07.12.2006 and 21.12.2006 for Rs.50,00,000/- and Rs.8,00,000/- respectively towards partial discharge of their liability of principal amount of Rs.50,00,000/- with interest at 24% Per annum. Both the cheques were submitted for clearance and the same were dishonoured and the same was brought to the notice of the accused and the accused requested the complainant to represent the cheques in the month of May, again they were dishonoured as the account was closed and transaction was not allowed. Admittedly, those cheques were issued by accused No.1 firm, which is a proprietary concern. Subsequent to the dishonour of the cheques, a statutory notice was issued by the complainant to the Accused No.1 and Accused No.2 for dishonour of the above said cheques and the Accused No.2 gave a reply stating that she has no way concerned with the dishonour of cheques and the amount was withdrawn at the request of accused No.1 and credited to his account subsequently. Since the complaint under Sections 138 and 142 of Negotiable Instruments Act for dishonour of the cheques issued by the accused No.1 and admittedly the Accused No.2 is not a party to the said negotiable instrument even though it is alleged in the complaint that the said cheques were issued at the instance of accused No.1 by the present petitioner, it cannot be said that the said cheques were issued by accused No.2 in discharge of her legally enforceable debt. Therefore, Accused No.2 has no connection with the cheques in question, as such she cannot be prosecuted for the offences under Sections 138 and 142 of Negotiable Instruments Act. 5. Hence, the Criminal Petition is allowed and the proceedings against the present petitioner in C.C.No.751 of 2007 on the file of Chief Metropolitan Magistrate, Visakhapatnam are hereby quashed. _______________________ P.DURGA PRASAD, J 18th March, 2011 KSP