SABINA, J. - (1.) PETITIONERS have filed this petition under Section 482 of the Code of Criminal Procedure,1973 seeking quashing of FIR No. 173 dated 18.6.2005 (Annexure P7) under Sections 379/420/467/468/471/120-B of the Indian Penal Code (for short 'IPC') registered at Police Station Shahabad and all subsequent proceedings arising there from.
(2.) LEARNED counsel for the petitioners has submitted that respondent No.2 had issued a cheque in favour of complainant M/s Eshma Tractors on 1.7.2003 for a sum of ' 7,50,000/-. However, when the cheque was presented for encashment, it was dishonoured by the Bank with the report "exceed arrangement" and "insufficient Crl. Misc. No. M-2504 of 2007 2 balance". Petitioner being general power of attorney holder of M/s Eshma Tractors filed complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') against respondent No.2, Respondent No.2 was ordered to be summoned in the said petition. Respondent No.2, however, did not appear before the trial Court and filed petition under Section 482 Cr.P.C. before the Andhra Pradesh High Court at Hyderabad. The said petition was dismissed. No plea was taken by respondent No.2 qua theft of the cheque in question in the said petition. The present FIR had been lodged by the petitioner alleging theft, cheating and forgery of the cheque in question in the year 2005.
(3.) NONE has appeared on behalf of respondent no.2- complainant.;