Allowed

N.Krishnaiah v. State of Ap

Andhra Pradesh HC1 Feb 2024CRLP/3462/2019

Case brief

AI extract

What is this about?

High Court quashed multiple criminal complaints filed under Sections 138 and 142 of the Negotiable Instruments Act. The Court held that complaints are not maintainable where the company issuing the cheque was not arrayed as an accused party, relying on the Apex Court judgment in Himanshu v. B. Shivamurthy.

What did the court decide?

All criminal petitions allowed; proceedings in the impugned calendar cases under Section 138 & 142 NI Act quashed.

N.Krishnaiah Vs State of Ap — Cheque Dishonour | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶2

FRIDAY ,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

¶3

PRESENT

¶4

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

¶5

CRIMINAL PETITION NOS:

¶6

3461,3462.3463.3464.3465.3557.3558.3559.3560.3561.3562.3669.3670 .3671,3672. 3673,3674,3675.3676.3677.3678.3679 and 3680 of 2019

¶7

CRIMINAL PETITION NO: 3461 OF 2019

¶8

Between:

¶9

N. Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad⁵⁰⁰¹⁶

¶10

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s. Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶11

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶12

...Petitioners/Accused No’s.1,2 & 4

¶13

¶14

1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court Buildings, Amaravathi.

¶15

...Respondent

¶16

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶17

...Respondent/Complainant

¶18

Petition under Section 482 of Cr.P.C praying that in^{thecircumstances} stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the CC No 755/2019 on the file of the II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners. This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri Challa Gunaranjan, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri. Ginjupalli Subba Rao Advocate for the Respondent No.2

¶19

¶20

CRIMINAL PETITION NO: 3462 OF 2019

¶21

Between:

¶22

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3™ Floor, Madhucon Green Lands, Begumpet, Hyderabad⁵⁰⁰¹⁶

¶23

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶24

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶25

...Petitioners/Accused NO’s 1,2 & 4

¶26

AND

¶27

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶28

...Respondent

¶29

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶30

...Respondent/Complainant

¶31

Petition under Section 482 of Cr.P.C praying that in^the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 720/2019 on the file of the II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶32

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Challa Gunaranjan, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri. Ginjupalli Subba Rao Advocate for the Respondent No.2

¶33

^3"

¶34

CRIMINAL PETITION NO: 3463 OF 2019

¶35

Between:

¶36

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3™ Floor, Madhucon Green Lands, Begumpet, Hyderabad⁵⁰⁰¹⁶

¶37

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶38

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶39

...Petitioners/Accused NO’s 1,2 & 4

¶40

AND

¶41

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶42

...Respondent

¶43

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶44

...Respondent/Complainant

¶45

Petition under Section 482 of Cr.P.C praying that in^the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 753/2019 on the file of the II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶46

¶47

CRIMINAL PETITION NO: 3464 OF 2019

¶48

Between:

¶49

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, Floor, Madhucon Green Lands, Begumpet, Hyderabad⁵⁰⁰¹⁶

¶50

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶51

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶52

...Petitioners/Accused NO’s 1,2 & 4

¶53

AND

¶54

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶55

...Respondent

¶56

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶57

...Respondent/Complainant

¶58

Petition under Section 482 of Cr.P.C praying that in^the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 756/2019 on the file of the II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶59

This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri Challa Gunaranjan, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri. Ginjupalli Subba Rao Advocate for the Respondent No.2

¶60

-5“-'

¶61

CRIMINAL PETITION NO: 3465 OF 2019

¶62

Between:

¶63

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3'^'^ Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶64

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶65

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶66

...Petitioners/Accused NO’s 1,2 & 4

¶67

AND

¶68

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶69

...Respondent

¶70

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶71

...Respondent/Complainant

¶72

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 757/2019 on the file^ofthe II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶73

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Challa Gunaranjan, Advocate for the Petitioner and the Public^{Prosecutoronbehalfofthe} Respondent No.1 and of Sri. Ginjupalli Subba Rao Advocate for the Respondent No.2

¶74

CRIMINAL PETITION NO: 3557 OF 2019

¶75

Between;

¶76

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3^'^ Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶77

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶78

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶79

...Petitioners/Accused NO’s 1,2 & 4

¶80

AND

¶81

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶82

...Respondent/State

¶83

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶84

...Respondent/Complainant

¶85

Petition under Section 482 of Cr.P.C praying that in^the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 812/2019 on the file^ofthe II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶86

LA. NO: 1 OF 2019

¶87

Petition under Section 482 of Cr.P.C praying that in^the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in C.C.No 812/2019^on the file of II Additional Judicial Magistrate of First Class at Nellore including personal appearance of the petitioners.

¶88

This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri Challa Gunaranjan, Advocate for the Petitioner and the Public^{Prosecutoronbehalfofthe} Respondent No.1 and of Sri. Ginjupalli Subba Rao Advocate for the Respondent No.2

¶89

CRIMINAL PETITION NO: 3558 OF 2019

¶90

Between:

¶91

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3^*^ Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶92

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶93

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶94

...Petitioners/Accused NO’s 1,2 & 4

¶95

AND

¶96

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶97

...Respondent/State

¶98

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶99

...Respondent/Complainant

¶100

Petition under Section 482 of Cr.P.C praying that in^the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 813/2019 on the file^ofthe II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶101

I.A. NO: 1 OF 2019

¶102

Petition under Section 482 of Cr.P.C praying that in^the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in C.C.No 813/2019 on the file of II Additional Judicial Magistrate of First Class at Nellore including personal appearance of the petitioners.

¶103

This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri Challa Gunaranjan, Advocate for the Petitioner and the Public^{Prosecutoronbehalfofthe} Respondent No.1 and of Sri. Ginjupalli Subba Rao Advocate for the Respondent No.2

¶104

^ S: '

¶105

CRIMINAL PETITION NO: 3559 OF 2019

¶106

Between:

¶107

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3^'^ Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶108

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶109

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶110

...Petitioners/Accused NO’s 1,2 & 4

¶111

AND

¶112

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶113

...Respondent/State

¶114

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶115

...Respondent/Complainant

¶116

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 815/2019 on the file^ofthe II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶117

LA. NO: 1 OF 2019

¶118

¶119

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Challa Gunaranjan, Advocate for the Petitioner and the Public^{Prosecutoronbehalfofthe} Respondent No.1 and of Sri. Ginjupalli Subba Rao Advocate for the Respondent No.2

¶120

,q-

¶121

CRIMINAL PETITION NO: 3560 OF 2019

¶122

Between:

¶123

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3™ Floor, Madhucon Green Lands, Begumpet, Hyderabad⁵⁰⁰¹⁶

¶124

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶125

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶126

...Petitioners/Accused NO’s 1,2 & 4

¶127

¶128

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶129

...Respondent/State

¶130

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶131

...Respondent/Complainant

¶132

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 833/2019 on the file^ofthe II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

I.A. NO: 1 OF 2019

CRIMINAL PETITION NO: 3561 OF 2019

¶138

Between:

¶139

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3’^'* Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶140

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶141

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶142

...Petitioners/Accused NO’s 1,2 & 4

¶143

¶144

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶145

...Respondent/State

¶146

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶147

...Respondent/Complainant

¶148

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 840/2019 on the file^ofthe II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶149

LA. NO: 1 OF 2019

¶150

¶151

This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri Challa Gunaranjan, Advocate for the Petitioner and the Public^{Prosecutoronbehalfofthe} Respondent No.1 and of Sri. Ginjupalli Subba Rao Advocate for the Respondent No.2

¶152

, M-

¶153

CRIMINAL PETITION NO: 3562 OF 2019

¶154

Between:

¶155

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3 Floor, Madhucon Green Lands, Begumpet, Hyderabad⁵⁰⁰¹⁶

¶156

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶157

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶158

...Petitioners/Accused NO’s 1,2 & 4

¶159

AND

¶160

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶161

...Respondent/State

¶162

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶163

...Respondent/Complainant

¶164

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 842/2019 on the file of the II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶165

I.A. NO: 1 OF 2019

¶166

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in C.C.No 842/2019 on the file of II Additional Judicial Magistrate of First Class at Nellore including personal appearance of the petitioners. This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri Challa Gunaranjan, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri. Ginjupalli Subba Rao Advocate for the Respondent No.2

¶167

CRIMINAL PETITION NO: 3669 OF 2019

¶168

Between;

¶169

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3^^^ Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶170

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶171

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶172

...Petitioners/Accused NO’s 1,2 & 4

¶173

AND

¶174

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶175

...Respondent/State

¶176

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶177

...Respondent/Complainant

¶178

Petition under Section 482 of Cr.P.C praying that in^{thecircumstances} stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 837/2019 on the file of the II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶179

¶180

_(3 '

¶181

CRIMINAL PETITION NO: 3670 OF 2019

¶182

Between:

¶183

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3 Floor, Madhucon Green Lands, Begumpet, Hyderabad⁵⁰⁰¹⁶

¶184

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶185

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶186

...Petitioners/Accused NO’s 1,2 & 4

¶187

AND

¶188

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶189

...Respondent/State

¶190

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶191

...Respondent/Complainant

¶192

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 841/2019 on the file of the II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶193

¶194

H-

¶195

CRIMINAL PETITION NO: 3671 OF 2019

¶196

Between:

¶197

' 1. N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3^^ Floor, Madhucon Green Lands, Begumpet, Hyderabad⁵⁰⁰¹⁶

¶198

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶199

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶200

...Petitioners/Accused No’s 1,2 & 4

¶201

AND

¶202

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶203

...Respondent

¶204

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶205

...Respondent/Complainant

¶206

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 845/2019 on the file^ofthe II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶207

¶208

^ l*?-

¶209

CRIMINAL PETITION NO: 3672 OF 2019

¶210

Between:

¶211

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, Floor, Madhucon Green Lands, Begumpet, Hyderabad⁵⁰⁰¹⁶

¶212

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶213

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶214

...Petitioners/Accused No’s 1,2 & 4

¶215

AND

¶216

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶217

...Respondent

¶218

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶219

...Respondent/Complainant

¶220

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 856/2019 on the file^ofthe II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶221

This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri Challa Gunaranjan, Advocate for the Petitioner and the Public^{Prosecutoronbehalfofthe} Respondent No.1 and of Sri. Ginjupalli Subba Rao Advocate for the Respondent No.2

¶222

-U-

¶223

CRIMINAL PETITION NO: 3673 OF 2019

¶224

Between:

¶225

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, Floor, Madhucon Green Lands, Begumpet, Hyderabad⁵⁰⁰¹⁶

¶226

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶227

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶228

...Petitioners/Accused No’s 1,2 & 4

¶229

AND

¶230

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶231

...Respondent

¶232

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶233

...Respondent/Complainant

¶234

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 857/2019 on the file of the II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶235

¶236

CRIMINAL PETITION NO: 3674 OF 2019

¶237

Between;

¶238

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3™ Floor, Madhucon Green Lands, Begumpet, Hyderabad⁵⁰⁰¹⁶

¶239

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶240

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶241

...Petitioners/Accused No’s 1,2 & 4

¶242

AND

¶243

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶244

...Respondent

¶245

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶246

...Respondent/Complainant

¶247

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 859/2019 on the file of the II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶248

¶249

18 -

¶250

CRIMINAL PETITION NO: 3675 OF 2019

¶251

Between:

¶252

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3'^° Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶253

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶254

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶255

...Petitioners/Accused No’s 1,2 & 4

¶256

AND

¶257

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶258

...Respondent

¶259

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶260

...Respondent/Complainant

¶261

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 860/2019 on the file of the II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶262

¶263

CRIMINAL PETITION NO: 3676 OF 2019

¶264

Between:

¶265

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3™ Floor, Madhucon Green Lands, Begumpet, Hyderabad⁵⁰⁰¹⁶

¶266

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶267

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶268

...Petitioners/Accused No’s 1,2 & 4

¶269

AND

¶270

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶271

...Respondent

¶272

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶273

...Respondent/Complainant

¶274

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 875/2019 on the file^ofthe II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶275

This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri Challa Gunaranjan, Advocate for the Petitioner and the Public^{Prosecutoronbehalfofthe} Respondent No.1 and of Sri. Ginjupalli Subba Rao Advocate for the Respondent No.2

¶276

¶277

CRIMINAL PETITION NO: 3677 OF 2019

¶278

Between:

¶279

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, Floor, Madhucon Green Lands, Begumpet, Hyderabad⁵⁰⁰¹⁶

¶280

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶281

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶282

...Petitioners/Accused No’s 1,2 & 4

¶283

AND

¶284

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶285

...Respondent/State

¶286

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶287

...Respondent/Complainant

¶288

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 876/2019 on the file of the II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶289

¶290

-51-

¶291

CRIMINAL PETITION NO: 3678 OF 2019

¶292

Between;

¶293

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3™ Floor, Madhucon Green Lands, Begumpet, Hyderabad⁵⁰⁰¹⁶

¶294

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶295

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶296

...Petitioners/Accused No’s 1,2 & 4

¶297

AND

¶298

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶299

...Respondent/State

¶300

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶301

...Respondent/Complainant

¶302

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 877/2019 on the file^ofthe II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶303

This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri Challa Gunaranjan, Advocate for the Petitioner and the Public^{Prosecutoronbehalfofthe} Respondent No.1 and of Sri. Ginjupalli Subba Rao Advocate for the Respondent No.2

¶304

2X--

¶305

CRIMINAL PETITION NO: 3679 OF 2019

¶306

Between:

¶307

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, Floor, Madhucon Green Lands, Begumpet, Hyderabad⁵⁰⁰¹⁶

¶308

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶309

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶310

...Petitioners/Accused No’s 1,2 & 4

¶311

AND

¶312

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶313

...Respondent/State

¶314

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶315

...Respondent/Complainant

¶316

Petition under Section 482 of Cr.P.C praying that in^the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 878/2019 on the file of the II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶317

¶318

CRIMINAL PETITION NO: 3680 OF 2019

¶319

Between:

¶320

N.Krishnaiah, Managing Director, M/s. Simhapuri Energy Limited, D.No 6-3866/2, 3"'^ Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶321

Vijaya Bhaskar Reddy, Chief Operating Officer, M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶322

Krishna Rao, Deputy General Manager M/s.Simhapuri Energy Limited, D.No 6-3-866/2, 3rd Floor, Madhucon Green Lands, Begumpet, Hyderabad 50016

¶323

...Petitioners/Accused No’s 1,2 & 4

¶324

AND

¶325

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

¶326

...Respondent/State

¶327

M/s. Krishnapatnam Port Company Limited, Represented by it's Chief Operating Officer and Authorized signatory, Mr.S.Subba Rao, Krishnapatnam Village, Muthukur Mandal, S.P.S.R.Nellore District.

¶328

...Respondent/Complainant

¶329

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to quash the C.C. No. 909/2019 on the file^ofthe II Additional Judicial Magistrate of First Class at Nellore filed under section 138 and 142 of the Negotiable instruments act against the Petitioners.

¶330

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Challa Gunaranjan, Advocate for the Petitioner and the Public^{Prosecutoronbehalfofthe} Respondent No.1 and of Sri. Ginjupalli Subba Rao Advocate for the Respondent No.2

¶331

The Court made the following : ORDER

¶332

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

¶333

CRIMINAL PETITION Nos. 3461. 3462. 3463. 3464. 3465. 3557, 3558. 3559, 3560. 3561. 3562. 3669. 3670. 3671. 3672. 3673, 3674. 3675. 3676. 3677. 3678. 3679 and 3680 of 2019

¶334

COMMON ORDER:

¶335

These Criminal Petition Nos.3461, 3462, 3463, 3464, 3465, 3557, 3558, 3559, 3560, 3561, 3562, 3669, 3670, 3671, 3672, 3673, 3674, 3675, 3676, 3677, 3678, 3679 and 3680 of²⁰¹⁹ are filed seeking to quash calendar case Nos.755, 720, 753, 756, 757, 812, 813, 815, 833, 840, 842, 837, 841, 845, 856, 857, 859, 860, 875, 876, 877, 878 and 909 of 2019, respectively, on^thefileofthe II Additional Judicial Magistrate of First Class, Nellore.

¶336

Since the issue involved in all these Criminal Petitions is one and the same, this Court deems it appropriate to dispose of all these cases by way of this common order.

¶337

This batch of Criminal Petitions is filed by the petitioners/accused seeking to quash the calendar cases which were instituted for taking cognizance for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (for short “the N.I Act”).

¶338

For the sake of convenience, this Court is inclined to mention the pleadings in Crl.P.No.3461 of 2019.

¶339

¶340

The case of the 2nd respondent/complainant is that petitioners/accused have issued cheques towards contractual obligation and the said cheques were presented in the drawee’s bank and the same were dishonored on 28.03.2018 with an endorsement stop payment order”. Subsequently, the 2"^ respondent filed a private complaint under Section 190(l)(a) of the Code of Criminal Procedure, 1973 for taking cognizance for the offences Punishable under Sections 138 and 142 of the N.l.Act. Later, the Court took cognizance for the aforesaid offences and issued summons to the accused.

¶341

Assailing the same, the present criminal petitions^are filed seeking to quash the complaints, which were filed under Sections 138 and 142 of the N.l.Act, on the ground that the company was not made as a party to the criminal petitions.

¶342

Heard learned counsel for the petitioners. Despite^serviceof notice, none appeared for the 2"^ respondent.

¶343

Learned counsel for the petitioners relied on the judgment^of the Hon’ble Apex Court reported in Himanshu v. B.Shivamurthy and another^ wherein, the Hon’ble Apex Court held at paragraph No. 13 as follows:

(2019) 3 see 797

In the absence of the company being arraigned as an accused, a complaint against the appellant ivas therefore not maintainable. The appellant had signed the cheque as a Director of the company and for and on its behalf Moreover, in the absence of a notice of demand being served on the company and without compliance with the proviso to Section 138, the High Court was in error in holding that the company could now be arraigned as an accused. ”

¶348

On perusal of the aforementioned judgment, it is evident that the HonTDle Apex Court has categorically held that without the company being arrayed as a party, the complaint is not maintainable and also further held that the company cannot be arrayed as a party subsequent to the filing of the complaint.

¶349

As seen from the complaint, the company was not arrayed^as a party. Therefore, the contention raised by the learned counsel for the petitioners is accepted and the complaint for taking cognizance under Sections 138 and 142 of the N.I.Act is hereby quashed.

¶350

Accordingly, all the Criminal Petitions are allowed and the proceedings in the impugned calendar cases are hereby quashed.

¶351

As a sequel, miscellaneous petitions, if any, pending^inthese

¶352

criminal petitions shall stand closed.

¶353

Sd/- S. SRINIVASA PRASAD ASSISTANT REGISTRAR

//TRUE COPY//

To,

SECTION OFFICER

The II Additional Magistrate of First Class: Nellore. SPSR Nellore District.

¶358

One CC to Sri. Challa Gunaranjan Advocate [OPUC] 3. One CC to Sri. Ginjupalli Subba Rao Advocate [OPUC]

¶359

Arara5A‘°Oufj Court of Andhra Pradesh at

¶360

Three CD Copies

HIGH COURT

SAM

DATED:02/02/2024

ORDER

CRIMINAL PETITION NOS:

¶367

3461.3462.3463.3464.346S.3557.3558.3559.3560.3561 1 3562.3669.3670.3671.3672.3673.3674.3675.3676.3677. 3678.3679 and 3680 of 2019

¶368

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¶369

ALLOWING THE CRIMINAL PETITIONS

N.Krishnaiah v. State of Ap

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N.Krishnaiah v. State of Ap

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