IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.4710 OF 2009 Between:- M.Madan Mohan …Petitioner A n d Akula Janardhan Rao and another …Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.4710 OF 2009 ORDER: This petition is filed under Section 482 Cr.P.C., seeking quashing of further proceedings against the petitioner/A-2 in C.C.No.601 of 2002, on the file of the Additional Judicial Magistrate of the First Class, Tadepalligudem, West Godavari District. 2. Heard the learned counsel for the petitioner. None appeared for the first respondent, though served with notices. Perused the records. 3. The first respondent herein filed a private complaint against the petitioner/A-2 and two others alleging offence under Section 138 of the Negotiable Instruments Act, 1882 and 420 IPC and the same was taken cognizance in C.C.No.601 of 2002 by the learned Additional Judicial Magistrate of the First Class, Tadepalligudem. The petitoner/A-2 was working as Chief Manager, Zonal Office, Andhra Bank at the relevant point of time. A-3 was working as Branch Manager, Bank of India, Tadepalligudem. The complainant alleges that the cheque issued by A-1 was presented by him to Bank of India for collection and the same was sent to Andhra Bank, Anaparthi, where it was misplaced. The complainant alleges that the petitioner/A-2, the Chief Manager of the Andhra Bank at the relevant point of time, is responsible for the missing of the cheque. 4. It is not disputed that previously A-3, Branch Manager, Bank of India filed Crl.P.No.342 of 2005 under Section 482 Cr.P.C., and this Court by order dated 10-10- 2006 allowed the said petition and quashed further proceedings against him in C.C.No.601 of 2002. The common allegation made against the petitioner (A-2) herein and A-3 is that both of them have, in collusion with other accused, misplaced the cheque. The petitioner/A-2 stands on the same footing as that of A-3. The order dated 10-10-2006 in Crl.P.No.342 of 2005 quashing further proceedings against A-3 holds good insofar as the present petitioner/A-2 also. 5. Hence, in view of the said order and for the reasons mentioned therein and also in view of the fact that the alleged misplacement of the cheque does not attract the ingredients of the alleged offence prima facie, it is considered that further proceedings against the petitioner/ A-2 in C.C.No.601 of 2002, on the file of the Additional Judicial Magistrate of the First Class, Tadepalligudem, West Godavari District, are not sustainable and they are liable to be quashed and they are accordingly quashed by invoking the inherent powers of the Court under Section 482 Cr.P.C. 6. In the result, the criminal petition is allowed. Interim stay granted earlier stands vacated. _____________________ G.V.SEETHAPATHY, J 23rd December, 2010 Lrkm.