M/S. Narasimha Traders, v. The State Of Andhra Pradesh,

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6815 OF 2017 ORDER:

Heard learned counsel for the petitioners/A-1 & A-2, who are no other than the proprietary concern and the proprietor. 2.

It is to be noted that one person is arrayed as accused i.e., proprietary concern and the proprietor are not different persons, but one and the same person. The proprietor even styled in the name of a proprietary concern. It is left open to urge this aspect though nothing specifically urged in the grounds by the petitioners before the trial Court. So far as the other contention that the original payee discounted the cheque to the 2nd respondent Bank (the complainant of the private complaint case in C.C.No.

269 of 2016, on the file of the II Additional Judicial Magistrate of First Class, Kadapa, Kadapa District, for the offence punishable under Sections 138 & 142 of the Negotiable Instruments Act, 1881 (for short, 'the Act')) is concerned, the payee was not arrayed as accused, but for the Bank as holder in due course the complainant, thereby not maintainable concern.

Dr. SSRB,J Crl.P.No.6815 of 2017 petitioners/A-1 & A-2 to raise before the trial Court to consider on own merits.

3.

Accordingly, this Criminal Petition is disposed of.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence.

_________________________________ DR.B.SIVA SANKARA RAO, J Date: 7th August, 2017 KL

Dr. SSRB,J Crl.P.No.6815 of 2017 THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6815 OF 2017 Date: 7th August, 2017 KL