- (1.) The petition is filed under Section 482 of the Code of Criminal Procedure by A3 and A4 in C.C. No. 1067/2001 on the file of the learned IV Metropolitan Magistrate, Hyderabad, to quash the proceedings therein.
(2.) The brief facts that are necessary for disposal of the petition are that the 2nd respondent filed a private complaint under Section 200 of the Code of Criminal Procedure before the learned IV Metropolitan Magistrate, Hyderabad, against five accused alleging that they were carrying on business in Kirana Goods in the name and style of Oban Home Needs Limited, that they used to purchase kirana goods on credit basis from the complainant, that the complainant had a running ledger account in the name of A1, that A2 to A5, who were Directors of A1-company, took active part in the day-to-day business of A1-company, and they managed the whole business affairs of A-1 company, that they being aware of their liability issued cheques in the discharge of their debt to the complainant, that the cheques were returned unpaid with an endorsement that funds were insufficient, that thereupon the complainant got issued a demand notice on 29-6-2001 to the accused, that A1, A2 and A4 with mala fide intention got returned the postal covers, that A5 received the notice, that A3 sent a reply to the notice disowning his liability, and that the accused did not pay the amount covered by the cheques. The complaint was registered as C.C. No. 1067/2001. A3 and A4 therein filed the present petition to quash the proceedings.
(3.) Learned counsel for the petitioners raised several contentions. I shall specify each of her contentions and my answer thereto in the subsequent paragraphs of this order.;