w w w . L a w y e r S e r v i c e s . i n



Sri Shanmukha Agro Traders v/s Shanmukha Agritech Limited


Company & Directors' Information:- I S G TRADERS LIMITED [Active] CIN = L51909WB1943PLC011567

Company & Directors' Information:- M TO M TRADERS PRIVATE LIMITED [Amalgamated] CIN = U51100GJ2005PTC046435

Company & Directors' Information:- K. N. C. AGRO LIMITED [Active] CIN = U01500WB2005PLC102657

Company & Directors' Information:- TRADERS PRIVATE LIMITED [Active] CIN = U51909GJ2001PTC040133

Company & Directors' Information:- F AND K AGRO PRIVATE LIMITED [Active] CIN = U01111PN1980PTC014563

Company & Directors' Information:- I P TRADERS PRIVATE LIMITED [Active] CIN = U51909WB2003PTC097400

Company & Directors' Information:- A N TRADERS PRIVATE LIMITED [Active] CIN = U55101DL1994PTC060786

Company & Directors' Information:- TRADERS LIMITED [Strike Off] CIN = U99999MH1948PLC010149

Company & Directors' Information:- R T AGRO PRIVATE LIMITED [Active] CIN = U15400MH1988PTC122934

Company & Directors' Information:- B. S. TRADERS PRIVATE LIMITED [Active] CIN = U67120DL1981PTC116873

Company & Directors' Information:- K R TRADERS PVT LTD [Active] CIN = U51909AS1987PTC002815

Company & Directors' Information:- N M AGRO PRIVATE LIMITED [Active] CIN = U15209DL2000PTC103461

Company & Directors' Information:- K F AGRO PRIVATE LIMITED [Active] CIN = U01132PB1998PTC021937

Company & Directors' Information:- T K M AGRO LIMITED [Active] CIN = U01119TZ2000PLC009159

Company & Directors' Information:- K D AGRITECH PRIVATE LIMITED [Active] CIN = U01403UP2010PTC041440

Company & Directors' Information:- J R AGRITECH PRIVATE LIMITED [Active] CIN = U01403UP2013PTC054562

Company & Directors' Information:- M S AGRO PRIVATE LIMITED [Active] CIN = U01403WB2011PTC163653

Company & Directors' Information:- S K K AGRO PRIVATE LIMITED [Active] CIN = U01110DL2007PTC163157

Company & Directors' Information:- P N AGRO PVT LTD [Active] CIN = U01401WB1992PTC056261

Company & Directors' Information:- D L J P TRADERS PVT LTD [Active] CIN = U51909WB1991PTC052047

Company & Directors' Information:- D G TRADERS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC064431

Company & Directors' Information:- B G AGRITECH PRIVATE LIMITED [Active] CIN = U15339DL2004PTC127306

Company & Directors' Information:- R. D. TRADERS PRIVATE LIMITED. [Active] CIN = U17200MH2007PTC170419

Company & Directors' Information:- B R V AGRO PRIVATE LIMITED [Strike Off] CIN = U15139UP2007PTC034299

Company & Directors' Information:- R K C TRADERS PRIVATE LIMITED [Active] CIN = U51909WB2009PTC132876

Company & Directors' Information:- G. D. TRADERS PRIVATE LIMITED [Active] CIN = U51109DL2008PTC177251

Company & Directors' Information:- A A AND A AGRO LIMITED [Converted to LLP] CIN = U01111DL1986PLC025101

Company & Directors' Information:- S. B. AGRITECH (INDIA) PRIVATE LIMITED [Active] CIN = U01403UP2010PTC040967

Company & Directors' Information:- B. P AGRO INDIA PRIVATE LIMITED [Active] CIN = U15132DL2019PTC357421

Company & Directors' Information:- R G S TRADERS PRIVATE LIMITED [Active] CIN = U65921CH1992PTC012297

Company & Directors' Information:- K V TRADERS PVT LTD [Active] CIN = U17297WB1989PTC047906

Company & Directors' Information:- M Y AGRO PRIVATE LIMITED [Active] CIN = U51221DL2011PTC215043

Company & Directors' Information:- H R D AGRO PRIVATE LIMITED [Active] CIN = U15490PB2006PTC030412

Company & Directors' Information:- C F L AGRO PRIVATE LIMITED [Strike Off] CIN = U01409KA2001PTC028797

Company & Directors' Information:- L K AGRO PRIVATE LIMITED [Active] CIN = U15140MH1998PTC115185

Company & Directors' Information:- M L TRADERS PRIVATE LIMITED [Active] CIN = U01404PB2009PTC033017

Company & Directors' Information:- A R TRADERS PRIVATE LIMITED [Active] CIN = U01404PB2009PTC033018

Company & Directors' Information:- O. P. TRADERS LIMITED [Active] CIN = U51497PB1994PLC014170

Company & Directors' Information:- S A P TRADERS PRIVATE LIMITED [Active] CIN = U51909HR2011PTC042479

Company & Directors' Information:- R P TRADERS PRIVATE LIMITED [Active] CIN = U27109WB1998PTC086732

Company & Directors' Information:- H D AGRO PRIVATE LIMITED [Strike Off] CIN = U01111MH1996PTC097451

Company & Directors' Information:- R R TRADERS PRIVATE LIMITED [Active] CIN = U51109UP1991PTC013245

Company & Directors' Information:- P C L AGRO PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049537

Company & Directors' Information:- R G TRADERS PVT LTD [Active] CIN = U70101WB1985PTC038436

Company & Directors' Information:- A S AGRO PRIVATE LIMITED [Active] CIN = U74899DL1989PTC040467

Company & Directors' Information:- S N N AGRO PRIVATE LIMITED [Active] CIN = U01114JH2016PTC008919

Company & Directors' Information:- D & T TRADERS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063612

Company & Directors' Information:- R R S AGRO PRIVATE LIMITED [Strike Off] CIN = U15139DL2010PTC209756

Company & Directors' Information:- AGRO PRIVATE LIMITED [Strike Off] CIN = U51101KA1962PTC001475

Company & Directors' Information:- G A AGRITECH PRIVATE LIMITED [Active] CIN = U01407PN2008PTC146079

Company & Directors' Information:- V A TRADERS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039480

Company & Directors' Information:- M. L. AGRITECH LIMITED [Active] CIN = U15139UP2011PLC045317

Company & Directors' Information:- D. J. AGRO PRIVATE LIMITED [Strike Off] CIN = U01112DL1994PTC057414

Company & Directors' Information:- G A AGRO PRIVATE LIMITED [Active] CIN = U01229KL2002PTC015736

Company & Directors' Information:- R K M TRADERS PRIVATE LIMITED [Active] CIN = U51109WB2008PTC130202

Company & Directors' Information:- P AND R TRADERS PRIVATE LIMITED [Active] CIN = U51909AS2006PTC008176

Company & Directors' Information:- S K TRADERS PVT LTD [Strike Off] CIN = U17299WB1989PTC046495

Company & Directors' Information:- P S AGRITECH PRIVATE LIMITED [Active] CIN = U29219DL1996PTC083322

Company & Directors' Information:- M K B AGRO PRIVATE LIMITED [Active] CIN = U01100MH1996PTC101802

Company & Directors' Information:- T D K AGRO PRIVATE LIMITED [Active] CIN = U29190BR1991PTC004486

Company & Directors' Information:- S G AGRO PRIVATE LIMITED [Active] CIN = U01122KA1995PTC017091

Company & Directors' Information:- S D TRADERS PRIVATE LIMITED [Active] CIN = U51909PB2010PTC034457

Company & Directors' Information:- K R AGRITECH PRIVATE LIMITED [Active] CIN = U01111DL2009PTC186448

Company & Directors' Information:- J. D. J. TRADERS PRIVATE LIMITED [Active] CIN = U51109WB2008PTC124248

Company & Directors' Information:- AGRO INDIA PRIVATE LIMITED [Active] CIN = U01407AR2013PTC008381

Company & Directors' Information:- M M AGRITECH PRIVATE LIMITED [Active] CIN = U24219DL2004PTC124196

Company & Directors' Information:- U & V AGRO PRIVATE LIMITED [Active] CIN = U01403TZ2015PTC021823

Company & Directors' Information:- B A B AGRO LTD [Strike Off] CIN = U24231MH1993PLC073114

Company & Directors' Information:- A G TRADERS PRIVATE LIMITED [Active] CIN = U74899DL1947PTC001282

Company & Directors' Information:- M U TRADERS PRIVATE LIMITED [Converted to LLP] CIN = U51900AS2008PTC008853

Company & Directors' Information:- T. P. TRADERS PVT. LTD. [Active] CIN = U25209WB1995PTC068943

Company & Directors' Information:- N. L. TRADERS PRIVATE LIMITED [Strike Off] CIN = U52100UP2012PTC049307

Company & Directors' Information:- B A B AGRO LTD [Active] CIN = U24233WB1987PLC043179

Company & Directors' Information:- B C M AGRO PRIVATE LIMITED [Active] CIN = U01119WB1999PTC090308

Company & Directors' Information:- K. K. AGRO PVT. LTD. [Strike Off] CIN = U51420WB1987PTC042090

Company & Directors' Information:- P T TRADERS PRIVATE LIMITED [Active] CIN = U67120AS1999PTC005836

Company & Directors' Information:- H & W AGRO PRIVATE LIMITED [Strike Off] CIN = U01400MH2012PTC238144

Company & Directors' Information:- K D AGRO PRIVATE LIMITED [Converted to LLP] CIN = U15312DL2005PTC131996

Company & Directors' Information:- TRADERS & TRADERS PVT. LTD. [Strike Off] CIN = U51109WB1992PTC055444

Company & Directors' Information:- AGRITECH LTD [Under Process of Striking Off] CIN = U51501AS1985PLC002365

Company & Directors' Information:- H R AGRO PRIVATE LIMITED [Active] CIN = U01119PB1995PTC016403

Company & Directors' Information:- S K TRADERS PRIVATE LIMITED [Strike Off] CIN = U51109KL2003PTC016071

Company & Directors' Information:- C K N AGRO PRIVATE LIMITED [Active] CIN = U01300KL2020PTC064742

Company & Directors' Information:- S AND H TRADERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909KL1998PTC012688

Company & Directors' Information:- A Q AGRO PVT LTD [Under Process of Striking Off] CIN = U51209WB2006PTC109930

Company & Directors' Information:- U M D TRADERS PVT LTD [Strike Off] CIN = U74140WB1988PTC045243

Company & Directors' Information:- A V H TRADERS PRIVATE LIMITED [Active] CIN = U10100DL2009PTC193000

Company & Directors' Information:- S E AGRO PRIVATE LIMITED [Active] CIN = U52500AP2016PTC103446

Company & Directors' Information:- M & I TRADERS PRIVATE LIMITED [Active] CIN = U51109MP2008PTC020491

Company & Directors' Information:- L. K. TRADERS PRIVATE LIMITED [Active] CIN = U50400HR2011PTC043898

Company & Directors' Information:- S U B AGRO PRIVATE LIMITED [Active] CIN = U24129PN2000PTC015404

Company & Directors' Information:- G S P TRADERS PRIVATE LIMITED [Active] CIN = U52190WB2010PTC151325

Company & Directors' Information:- A S G AGRO LIMITED [Strike Off] CIN = U01119HR2004PLC035459

Company & Directors' Information:- A V TRADERS PRIVATE LIMITED [Active] CIN = U51909AS2010PTC009934

Company & Directors' Information:- T & T AGRO PRIVATE LIMITED [Active] CIN = U01132WB1999PTC090368

Company & Directors' Information:- C L AGRO PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC051898

Company & Directors' Information:- P M S AGRO PVT LTD [Strike Off] CIN = U29211PB1994PTC014448

Company & Directors' Information:- S I S TRADERS PRIVATE LIMITED [Strike Off] CIN = U51505TN2006PTC058736

Company & Directors' Information:- P G TRADERS PRIVATE LIMITED [Active] CIN = U74120UP2011PTC043805

Company & Directors' Information:- R C TRADERS PRIVATE LIMITED [Active] CIN = U74999UP2016PTC085068

Company & Directors' Information:- M K G TRADERS PRIVATE LIMITED [Active] CIN = U51494DL2008PTC183965

Company & Directors' Information:- N AGRITECH PRIVATE LIMITED [Active] CIN = U63000AP2020PTC116400

Company & Directors' Information:- N H T TRADERS PRIVATE LIMITED [Active] CIN = U52339MH2021PTC367038

Company & Directors' Information:- S L TRADERS PRIVATE LIMITED [Strike Off] CIN = U15109UP1987PTC008981

Company & Directors' Information:- B R K AGRO PRIVATE LTD [Strike Off] CIN = U29211PB1994PTC014302

Company & Directors' Information:- K N TRADERS PRIVATE LIMITED [Strike Off] CIN = U51109DL1984PTC017665

Company & Directors' Information:- R E I AGRO LTD. [Active] CIN = U01111WB1994PLC065082

Company & Directors' Information:- S R TRADERS PVT LTD [Active] CIN = U51909WB1985PTC039063

Company & Directors' Information:- P & S AGRO INDIA LIMITED [Strike Off] CIN = U01403MH2011PLC214782

Company & Directors' Information:- D N D AGRO (INDIA) LIMITED [Active] CIN = U01403PN2011PLC139235

Company & Directors' Information:- L C A AGRO PRIVATE LIMITED [Strike Off] CIN = U01112UP2005PTC029657

Company & Directors' Information:- V M G AGRO INDIA LIMITED [Active] CIN = U01100MP2011PLC026434

Company & Directors' Information:- B P TRADERS PVT LTD [Strike Off] CIN = U28931WB1980PTC032693

Company & Directors' Information:- K A TRADERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC060650

Company & Directors' Information:- S M AGRITECH PRIVATE LIMITED [Active] CIN = U15209DL2004PTC127547

Company & Directors' Information:- G D AGRO PRIVATE LIMITED [Strike Off] CIN = U24122UP1993PTC015164

Company & Directors' Information:- P B AGRO PRIVATE LIMITED [Amalgamated] CIN = U26960MH1990PTC057137

Company & Directors' Information:- A M TRADERS PRIVATE LIMITED [Strike Off] CIN = U52100DL1993PTC054323

Company & Directors' Information:- R A P AGRO INDIA PVT LTD [Strike Off] CIN = U14200WB2006PTC107514

Company & Directors' Information:- O B S TRADERS PVT LTD [Active] CIN = U74899DL1990PTC039242

Company & Directors' Information:- D S P AGRITECH (INDIA) PRIVATE LIMITED [Active] CIN = U01403TG2008PTC059586

Company & Directors' Information:- Y. R. TRADERS PRIVATE LIMITED [Active] CIN = U51909WB2011PTC163724

Company & Directors' Information:- J S M TRADERS PRIVATE LIMITED [Active] CIN = U51909DL2008PTC184985

Company & Directors' Information:- G T AGRO INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142577

Company & Directors' Information:- L & D AGRITECH PRIVATE LIMITED [Active] CIN = U01403MP2010PTC024095

Company & Directors' Information:- V D M TRADERS PRIVATE LIMITED [Strike Off] CIN = U51392KL2003PTC016586

Company & Directors' Information:- V C TRADERS PRIVATE LIMITED [Strike Off] CIN = U51496KL2005PTC018548

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- E M AGRO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U02001UP1997PTC022261

Company & Directors' Information:- J S AGRO PRIVATE LIMITED [Strike Off] CIN = U01300PB1993PTC013943

Company & Directors' Information:- J AND J TRADERS PRIVATE LIMITED [Strike Off] CIN = U19129UP1992PTC014356

Company & Directors' Information:- A N AGRO PRIVATE LIMITED [Strike Off] CIN = U01119DL1996PTC081855

Company & Directors' Information:- V R L AGRO PRIVATE LIMITED [Strike Off] CIN = U85110KA1999PTC024717

Company & Directors' Information:- B AND M TRADERS PVT LTD [Strike Off] CIN = U52321TN1988PTC016066

Company & Directors' Information:- A V V S TRADERS PVT LTD. [Strike Off] CIN = U51102TN1988PTC016437

Company & Directors' Information:- V M TRADERS PVT LTD [Strike Off] CIN = U05001UP1990PTC011859

Company & Directors' Information:- A. P. H. TRADERS PRIVATE LIMITED [Active] CIN = U51103DL2007PTC161680

Company & Directors' Information:- G D M TRADERS PRIVATE LIMITED [Active] CIN = U51909DL2005PTC142470

Company & Directors' Information:- A P TRADERS PRIVATE LIMITED [Active] CIN = U17297UP1994PTC016102

Company & Directors' Information:- P. S. R. AGRO PRIVATE LIMITED [Active] CIN = U24248UP1974PTC004017

Company & Directors' Information:- O N AGRO PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031986

Company & Directors' Information:- M N P TRADERS PRIVATE LIMITED [Active] CIN = U51909WB2004PTC097811

Company & Directors' Information:- A A TRADERS PRIVATE LIMITED [Active] CIN = U74899DL1964PTC004250

Company & Directors' Information:- A V B TRADERS PRIVATE LIMITED [Active] CIN = U51909MH2003PTC138973

Company & Directors' Information:- K R S AGRO PRIVATE LIMITED [Strike Off] CIN = U01400PN2011PTC141711

Company & Directors' Information:- J K AGRO PRIVATE LIMITED [Strike Off] CIN = U74900PY2011PTC002548

Company & Directors' Information:- W B S AGRO PRIVATE LIMITED [Active] CIN = U01122PB2003PTC025879

Company & Directors' Information:- R K TRADERS PVT LTD [Active] CIN = U31200MH1976PTC018744

Company & Directors' Information:- D AND P TRADERS PRIVATE LIMITED [Strike Off] CIN = U52322PN2009PTC133581

Company & Directors' Information:- G T M AGRO PRIVATE LIMITED [Strike Off] CIN = U01100MH2005PTC150816

Company & Directors' Information:- M M TRADERS PRIVATE LIMITED [Active] CIN = U51500MH1975PTC018056

Company & Directors' Information:- N R TRADERS PRIVATE LIMITED [Strike Off] CIN = U51900MH2005PTC157670

Company & Directors' Information:- R K TRADERS PRIVATE LIMITED [Active] CIN = U23201MH1976PTC018743

Company & Directors' Information:- K G N TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909MH2002PTC137173

Company & Directors' Information:- M. P. TRADERS PRIVATE LIMITED [Active] CIN = U51909WB2016PTC215988

Company & Directors' Information:- A & T TRADERS PRIVATE LIMITED [Active] CIN = U51900CH2015PTC035530

Company & Directors' Information:- B M TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909CH2010PTC032424

Company & Directors' Information:- R S C TRADERS PRIVATE LIMITED [Strike Off] CIN = U93091DL2006PTC149264

Company & Directors' Information:- U R TRADERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC056950

Company & Directors' Information:- L M TRADERS PRIVATE LIMITED [Active] CIN = U51497DL2014PTC274205

Company & Directors' Information:- M K R K TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC141404

Company & Directors' Information:- R R K TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909DL2012PTC239877

Company & Directors' Information:- L K G TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909DL2013PTC249920

Company & Directors' Information:- Y K AGRO PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2013PTC250398

Company & Directors' Information:- M B AGRITECH PRIVATE LIMITED [Active] CIN = U15491DL2001PTC112431

Company & Directors' Information:- N P M AGRO PRIVATE LIMITED [Strike Off] CIN = U15494DL2011PTC214942

Company & Directors' Information:- B L B AGRO PRIVATE LIMITED [Strike Off] CIN = U51200DL2012PTC244511

Company & Directors' Information:- G R S TRADERS PRIVATE LIMITED [Converted to LLP] CIN = U51311DL2002PTC116627

Company & Directors' Information:- G G M TRADERS PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109116

Company & Directors' Information:- INDIA TRADERS PRIVATE LIMITED [Strike Off] CIN = U74900DL2014PTC269271

Company & Directors' Information:- D A AGRO PRIVATE LIMITED [Active] CIN = U74900DL2015PTC288168

Company & Directors' Information:- S K G TRADERS PRIVATE LIMITED [Active] CIN = U52100DL2011PTC213707

Company & Directors' Information:- K V R AGRITECH PRIVATE LIMITED [Strike Off] CIN = U01407AP2015PTC096309

Company & Directors' Information:- S M L TRADERS PRIVATE LIMITED [Strike Off] CIN = U51909AP2010PTC068983

Company & Directors' Information:- D. B. AGRO PRIVATE LIMITED [Active] CIN = U01100MP2010PTC025035

Company & Directors' Information:- F & F TRADERS PRIVATE LIMITED [Active] CIN = U51900MP2010PTC023505

Company & Directors' Information:- M G TRADERS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U51101KA2012PTC066173

Company & Directors' Information:- V S TRADERS PRIVATE LIMITED [Active] CIN = U23109GJ2002PTC040842

Company & Directors' Information:- V AND O TRADERS PRIVATE LIMITED [Active] CIN = U51909MH2020PTC345927

Company & Directors' Information:- D & R TRADERS PRIVATE LIMITED [Strike Off] CIN = U74999DL1996PTC081454

Company & Directors' Information:- R S TRADERS PVT LTD [Strike Off] CIN = U24119WB1980PTC033197

Company & Directors' Information:- A. L. TRADERS PRIVATE LIMITED [Strike Off] CIN = U74999DL2000PTC105282

Company & Directors' Information:- K S TRADERS PVT LTD [Strike Off] CIN = U51909PB1990PTC010753

Company & Directors' Information:- P S TRADERS PRIVATE LIMITED [Strike Off] CIN = U92490TN1979PTC007957

Company & Directors' Information:- S P TRADERS PVT LTD [Strike Off] CIN = U51909WB1985PTC038361

Company & Directors' Information:- K S J TRADERS PRIVATE LIMITED [Strike Off] CIN = U51495HP1998PTC021636

Company & Directors' Information:- S S TRADERS AND CO PVT LTD [Strike Off] CIN = U65923DL1959PTC003031

Company & Directors' Information:- A TO Z TRADERS PRIVATE LIMITED [Strike Off] CIN = U64200DL1997PTC086157

Company & Directors' Information:- A K L TRADERS PVT LTD [Strike Off] CIN = U51909MP1989PTC005014

Company & Directors' Information:- B D K TRADERS PRIVATE LIMITED [Strike Off] CIN = U99999MH1979PTC021781

Company & Directors' Information:- TRADERS (INDIA) LIMITED [Dissolved] CIN = U00063KA1947PLC000505

Company & Directors' Information:- TRADERS LIMITED [Dissolved] CIN = U99999MH1951PLC010277

Company & Directors' Information:- TRADERS PRIVATE LIMITED [Under Liquidation] CIN = U99999MH1958PLC011248

    Criminal Petition No. 12857 of 2018

    Decided On, 21 January 2019

    At, High Court of Andhra Pradesh

    By, THE HONOURABLE DR. JUSTICE B. SIVA SANKARA RAO

    For the Petitioner: P.S.P. Suresh Kumar, Advocate. For the Respondent: Public Prosecutor.



Judgment Text

1. The petitioner is the A.1-M/s. Sri Shanmukha Agro Traders (for short, ‘the M/s SAT’) rep. by its Prop. Mrs. Ch. Jayalakshmi, among two accused of A.2-Ch.Madhava Rao, Prop: M/s Sampath Ganesh Trading Company (for short, M/s SGTC’) in C.C.No.10 of 2016 on the file of the VIII Special Magistrate, Erramanzil, Hyderabad, outcome of a private complaint of the 1st respondent-M/s Shanmukha Agritech Limited (for short, ‘the company’) represented by its authorized Signatory, originally M.Venkata Narayana, now permitted to represent by B.Ramesh for the so called offence punishable u/sec.138 of the Negotiable Instruments Act (for short, ‘the Act’), based on two cheques bearing Nos. 697868 for Rs.3,10,430/- (Rupees three lakh ten thousand four hundred and thirty only) and 697869 for Rs.3,00,000/- (Rupees three lakhs only) both dt.13.01.2014 drawn on State Bank of India, Kothapet branch, Guntur, from the same when presented returned dishonoured and from statutory notice for non-payment with untenable reply by the A.1 and from accrual of cause of action, the complaint was allegedly filed on 19.03.2014 and after sworn statement, on perusal, the learned Magistrate taken cognizance. The notice sent to the complainant by registered post acknowledged by him is a sufficient service for his failure to attend to decide on merits.

2. Heard the learned counsel for the petitioner/A.1 and for the 2nd respondent-A.2 not necessary party and the service to him also sufficient as left unclaimed; and also the learned counsel for the 1st respondent and the learned Public Prosecutor representing R.3-State and perused the material on record.

3. The contentions in the quash petition mainly are that the alleged cheques were presented on even date 13.01.2014 and the same were returned dishonoured as per the cheque return memo dt.16.01.2014 and the legal notice issued on 15.02.2014 which is also not within 30 days and thereby, taking cognizance is unsustainable with no cause of action accrued thereby the proceedings are liable to be quashed.

4. As per the private complaint the date of offence commenced from 13.01.2016, 16.01.2014 and 15.02.2014. The say that the cheques dated 13.01.2,0 14 presented were dishooured for insufficient funds and the complainant received cheque return memo of the bank on 16.01.2014 and cause issued notice on 15.02.2014 with 15 days time to pay and the legal notice received on 18.02.2014 and A.1 sent reply with untrue allegations and the A.2 left without instructions and notice returned unclaimed.

5. As per the very wording of Section 138 of the Act, from the cheque returned dishonoured from receiving of the dishonour intimation, time for giving statutory notice is within 30 days to pay within 15 days thereafter from time of service or deemed service and if not paid, cause of action shall accrue.

6. Here the bank cheque return/dishonour memo sent to the complainant was dated 16.01.2014. After that day is excluded from computation of 30 days, till date of notice 15.02.2014, it comes to 30 days for the matter left open as to within 30 days including does not mean 30th day to be excluded and it is date of giving notice within 30 days criteria and not date of serving as from date of serving or deemed serving 15 days period to pay for accrual of cause of action is different concept.

7. Now coming to the two cheques in question, a perusal of the two cheques show one Ch.Madhav Rao for M/s SGTC-A.2 signed the cheques and not M/s SAT represented by Ch.Jayalakshmi-A/1-the petitioner herein. There is nothing to show how the A.1 can be made liable. Even taken for arguments sake, the cheque issued by the A.2 is including for any amount due by the A.1 for not A.1 drawer of the cheque and the law is very clear that in the absence of vicarious liability for drawer alone be made liable and not the nondrawer of the cheque as per the expression of the Apex Court in Aparna Shah v. Sheth Developers Pvt. Ltd (1) 2013 (3) ALT (Crl.) 1

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(SC) = 2013 CrI.L.J.3743. In that count, the cognizance order against the petitioner has to be quashed. 8. Having regard to the above, this Criminal Petition is allowed by quashing the proceedings in C.C.No.10 of 2016 on the file of the VIII Special Magistrate, Erramanzil, Hyderabad. The petitioner/A.1 is acquitted and his bail bonds shall stand cancelled. Consequently, miscellaneous petitions, if any, shall stand closed.
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