THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4063 of 2008 Dt.29-06-2010 O R D E R: This Criminal Petition is filed by the petitioner/accused under Section 482 Cr.P.C. seeking to quash the proceedings against him in C.C.No.81 of 2007 on the file of II Additional Junior Civil Judge, Repalle, registered for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. The main allegation is that the petitioner/A-2, Managing Director of the company issued a cheque bearing No.744248 dated 30.9.2006 for a sum of Rs.4,62,637/-. At the time of issuing cheque, both the accused were present. The defacto-complainant presented the cheque in Andhra Bank at Repalle, but the same was returned with an endorsement that there are ‘no sufficient funds’. Again the accused issued another cheque bearing No.745153 dated 30.11.2006 for a sum of Rs.4,62,637/- and the same was also returned with an endorsement that there are ‘no sufficient funds’. Thereafter, the complaint was lodged by the defacto-complainant. The learned counsel for the petitioner submitted that the petitioner is not a signatory and the said cheque was signed by the Managing Director of the company and the petitioner/A-1 herein is not aware of the same and he is not even know the name of the Managing Director of the company and further the account also stands in the name of the company. Hence, the petitioner/A- 1 herein cannot be a prosecutor and he is not liable for the said offence. The learned counsel for the respondent No.2/defacto-complainant herein fairly conceded that the petitioner/A-1 herein cannot be proceeded further in this matter. In view of the same, there is no specific allegation that he is incharge of day-to-day affairs of the company or he is the signatory of the said instrument. Considering the submissions of the learned counsel for the petitioner/A-1, this Court is of the view that the proceedings against petitioner/A-1 are liable to be quashed. Accordingly, the Criminal Petition is allowed. The proceedings against the petitioner/A-1 in C.C.No.81 of 2007 on the file of the II Aditional Junior Civil Judge, Repalle are hereby quashed. __________________ RAJA ELANGO, J 29th June, 2010. PNV