HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL REVISION CASE NO.755 OF 2010 DATE:14.06.2010 Between: Devidayal (Sales) Limited, rep. by its Special Power of Attorney Sri Mohammed Rafique, Vijayawada …….Petitioner And: Sri Jayalakshmi Agro Chemicals, rep. by its Proprietor, Bhimavaram and another ……Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL REVISION CASE NO.755 OF 2010 ORDER: This revision petition is filed against reversing judgment passed by the VIII Additional Sessions Judge (Fast Track Court), Vijayawada in Criminal Appeal No.225 of 2006 by which conviction and sentence passed by the III Additional Chief Metropolitan Magistrate, Vijayawada in C.C.No.920 of 2004 were set aside and the accused was acquitted. Even as per case of the complainant in the complaint as well as in evidence, the two cheques which were later dishonoured, were issued by the accused towards liability of M/s. Jayalakshmi Agro Chemicals. It is found that M/s. Jayalakshmi Agro Chemicals is a proprietary concern and that the accused had no proprietary interest in M/s. Jayalakshmi Agro Chemicals. According to the complainant, the accused was looking after business of M/s. Jayalakshmi Agro Chemicals. Irrespective of respective contentions of both the parties on disputed factual aspects relating to signatures on the two cheques, there is no dispute that the cheques were issued on account of Rainbow Agro Chemicals in which the accused was a Director. Admittedly there is no preexisting liability to pay any amount or debt by Rainbow Agro Chemicals to the complainant. In the absence of proof of preexisting liability between the complainant and the drawer i.e., Rainbow Agro Chemicals, neither Rainbow Agro Chemicals nor the person who signed those cheques is liable under Section 138 of the Negotiable Instruments Act. The lower court rightly came to the conclusion that the accused is not guilty of offence punishable under Section 138 of the Negotiable Instruments Act. In the result, the revision petition is dismissed. ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date:14.06.2010. GK. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL REVISION CASE NO.755 OF 2010 Date:14.06.2010 Gk.