Sri Gonuru Ravindar v. Sro P.Narasimha Reddy And Another
[ 3251 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE NO: 1128 OF 2009 Criminal Revision case filed under Sections 397 & 401 of CrpC against the Judgment dated '13-04-2009 made in Crl.A.No.162 of 2OO7 in C.C.No.33 of 2005 on the file of the court of the Special Sessions Judge for Trial of cases under SCs and STs (P.O.A) Act - cum - Vll Additional District and Sessions Judge, Mahboobnagar.
Between:
Sri Gonuru Ravindar, S/o.late Gonuru Chandraiah, Occ: Business Rt/o Madanapuram in Kotha Kota Revenue Mandal, Mahabubnagar District. ...PET]TIONEFYRESPONDENT/COM PLAINANT AND 1 Sri P. Narasimha Reddy, S/o.P.Narayan Reddy, Occ: Business Ri./o.H.No.11 52lB, Newgunj, Mahboobnagar Town, Mahaboobnagar. ...RESPONDENT/APPELLANT/ACCUSED
2. State of A.P.,, Rep.by Public Prosecutor High Court of A.P., Hyderabad. ...RESPONDENT/RESPONDENT Counsel for the Petitioner: SRI K. ANOOP KUMAR Counsel for the Respondent No.I: SRI L. HARISH Counsel for the Respondent No.2: PUBLIC PROSECUTOR The Court made the following: ORDER
ri;.r '
t /.
/ait...
/..t:-. ....
/':,.{i'
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No.11280F 2009 ORDER:
This Criminal Revision Case is filed by the comDlainant questioning the order of the acquittal by the learned Special Sessions Judge for Trial of cases under SC.s and ST.s (P'O'A') Act-cum-VII Additional District and Sessions Judge, Mahabubnagar (for short 'the Appellate Court'), by reversing the judgment of conviction of the learned Judicial Magistrate of First Class, Wanaparthy (for short 'the trial Court'), under Section 138 of the Negotiable Instruments Act, 1881 (for short'the Act, 1BB1').
\ \ 2.
The cheque in question was issued by respondent No.1/accused on behalf of the Company. The Company was not made as party accused before the trial Court. 'Ihe trial Court found that the accused was found guilty and accordingly, convicted him.
3. In appeal, the appellate Court found that an1' person who issuecl cheque on behalf of the Company would lce made vicariously liable along with the Company. In the absence of
prosecuting the Company, the question of convicting respondent No.l/accused in his private capacity does not anse.
4.
Under Section 141 of the Act, 19g1, the persons responsible in a Company have to be made vicariously liable on behalf of the Company and if the Company itself is not an accused, the question of making the persons responsible on behalf of the Company as accused does not arise. 5.
Accordingly, the revision fails and dismissed Miscellaneous applications pending, if any, shall stand closed. No costs Sol-x.srulesHr DEPUW REGISTXAR e/ V //TRUE COPY// To, SECTION OFFICER
1. The Special Sessions Judge for Trial of Cases under SCs & STs (POA) Act cum Vll Additional District and Sessions Judge, Mahabubnagar.
2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad[OUT]
3. One CC to Sri K. Anup Kumar, Advocate [OPUC]
4. One CC to Sri L. Harish, Advocate [OPUC]
5. Two CD Copies B,R/plp
HIGH COURT DATED:2410612024 ,a')\- -:. .. .
t t,t \ a.,') \. /t \ r !'"
-/'...
q,/ \-- \,:._,._, _// -\-- - :2'
ORDER
CRLRC.No.1128 of 2009 DISMISSING THE CRL.R.C.
cR