Smt. Veera Venkata Gowri Neelam v. M/S. Gayathri Projects Ltd. And Anothers

SMT. JUSTICE T. RAJANI CRIMINAL PETITION No.15124 OF 2013 ORDER:

The present Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 is filed by the petitioner - accused No.3 seeking to quash the proceedings against her in Calendar Case No.1121 of 2013, on the file of the III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, registered for the offence punishable under Sections 138, 141 and 142 of the Negotiable Instruments Act, 1881 (for short 'Act, 1881').

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. No representation for respondent No.1 despite making appearance.

3. The contention of the petitioner's counsel is that the petitioner herein is only a Director in accused No.1 Company. But, a perusal of the complaint shows that she was involved in day-to-day affairs of the company, and there is specific averment that she, along with accused No.2, gave assurance to the complainant that the cheque in question would be honoured on presentation. Therefore it can be understood that the petitioner herein was alleged to be in-charge of day-to-day affairs of accused No.1 Company.

4. Hence, in view of the above, the present Criminal Petition cannot be quashed at this stage and, accordingly, the same is dismissed.

Consequently, Miscellaneous Petitions, if any, pending in the present Criminal Petition stand closed.

_______________________ SMT. T. RAJANI, J November 05, 2018 Mgr