9911796707
TMI Blog2000 (3) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... 82 of the Code of Criminal Procedure seeks quashing of proceedings in C.C. No. 381 of 1998 on the file of the III Additional Judicial First Class Magistrate, Kakinada in which the petitioner-company is sought to be prosecuted for the offence under section 138 of the Negotiable Instruments Act. 3. The brief facts leading to this petition may be stated as follows : The accused No. 1 (petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e an employee of Janachaitanya Housing Company issued a cheque for an amount of Rs. 16,300 in favour of the complainant. Later on, the complainant presented the cheque at their Bank at Kakinada to be credited to her husband s account. The said cheque was returned with an endorsement insufficient funds. 3A. Later on, the complainant got issued notice which was received by the petitioner who s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation, the complainant filed before the housing company for permitting her to withdraw from the contract and requesting the refund of money already paid by her, she made a request to send the money payable to her through the Development Manager of the company Sri V. Johar (Accused No. 2). She did not request the company to pay the money to V. Johar. The case of the petitioner as stated in the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that is a matter pertaining to a breach of contract or understanding between the complainant and the accused No. 1. That has no bearing on the criminal liability arising under section 138. The provisions in section 138 do not admit of any doubt that the person who is liable criminally for the bouncing of the cheque will be the one who has drawn the cheque and issued the cheque. 8. In this cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een described above, neither the Branch Manager of Janachaitanya Housing (P.) Ltd., Kakinada nor the company itself would be liable in respect of cheque issued by accused No. 2. 11. In the result, the petition is allowed and the criminal proceedings against the petitioner-company in CC No. 381 of 1998 on the file of the III Additional Judicial First Class Magistrate, Kakinada are quashed. Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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