Learned counsel for the v. Apparel Export Promotion Councilr and '

M/s. RP Projects, Rep by its Managing Partner, Mr. MVSS Prasad, S/o. tr4 Venkat Rao, Aged 57 years, Occ. Business, R/o. G-1 , Rashmitha Enclave, Bank of lndia Lane, Bhagyanagar Colony, Opp KPHB Colony, Kukatpally Post, Hyderabad - 5O0O72. And ..RespondenUPetitioner

1. Sreedhar Reddy_Duddukunta, S/o D.Venkat Rami Reddy, Aged 54 years, Occ Business, R/o 306, G.P.Elite, 8-2-28314, Road No. 14, Banjara Hills, Hyderabad.

2. The State of Telangana, Rep by its Public Prosecutor, High court for the state of Telangana. l.A NO: 2 OF 2025 ..Petitioner/Respondent . .. RespondenURespondent 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 vacate the interim stay Dt. 1310212024 in the 1.A.1 of 2o24 in crl p No 1682 of 2024 and to pass This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of sri r Bala Mohan Reddy, Advocate for the petitioner and the Assistant public Prosecutor on behalf of the Respondent No. 1 and of sri Eranki phani Kumar, Advocate for the Respondent No.2. The Court made the following: ORDER 2 KLJ Crl P.No.l682 of2024 HON'BLE SRI JUSTICE IC LAKSHMAN CRIMINAL PETITION N0.1682 0F 2024 ORAL ORDER Heard Mr. T. Bala Mohan Reddy, leamed counsel lor the petitioner and Mr. Eranki Phani Kumar, leamed counsel for respondent No.2.

2. This Criminal Petirion is filed under Section - 4g2 of the Code of Criminal Procedure, 1973, to quash the proceedings against the petitioner-accused No.4 in S.T.C (NI) No. I 4l 0 of 2022 on the file of I Additional Junior Civil Judge-cum-Xll Additional Metropolitan Magistrate, Medchal-Malkajgiri District at Kukatpally for the offence punishable under Secrion - l3g of the Negotiable Instruments Act, 1881 (for short "N.l. Act,,).

3. The petitioner herein filed present criminal petition contending that he has submitted his resignation ior the post of Directorship of accused No.l Company on 22.05.2019. Accused No.l Company had also submifted statutory Form DIR-12 with the Registrar of Companies acknowledging resignation of the petitioner. In proofof the same, he has filed copy ofForm DIR-12. I 3 KLJ Crl.P.No.l682 of2024 Thereforc. as on the date of issuance of subject cheques bearing Nos.292192 and 296353, dated 30.12.2020 and 22.02.2021 respectively, the petitioner herein is not a director of accused No. I Company. Respondent No.2 knowing the same filed the aforesaid complaint against him. Having considered the fact that the petitioner herein is no more the Director of accused No.l company, vide order dated 10.08.2023 in Crt.P. No.5655 of 2022, the High Court ol Kamataka quhshed the proceedings against the petitioner in C.C. No.l27l1 of 2022 registered for the similar offence. Thereforc. continuation of proceedings in S.T.C (NI) No.l410 of 2022 against the petitioner is an abuse process of law and, thus, prayed 1o quash the proceedings against the petitioner.

4. Whereas, leamed counsel for respondent No.2 contended that the said aspects are triable issues. The petitioner has to face trial, prove the same and it is for the trial Court to consider the said aspects.

5. Learned counsel for the petitioner relied on the decisions in Anita Malhotra v. Apparel Export Promotion Councilr and '. (2012) r scc 520 4 KLJ Crl P.No.l682 of2024 Adhiraj Singh v. Yograj Singh2 rendered by the Hon'ble Supreme Court.

6. Perusal of record would reveal that Criminal petition No.5655 of 2022 was filed by the petitioner herein under Section - 482 of Cr.P.C before the High Court of Kamataka ro quash the entire proceedings against him in C.C.No.l27l2 of 2022 (PCR.No.4269 of 2022) for the offence punishable under Secrion - 138 of N.I. Act. The petitioner herein is arraigned as accused No.2 in the said case. It is also contended that the petitioner herein, who is arraigned as accused No.2 in C.C. No.12712 of 2022 and Managing Director of accused No. I Company ceased to be the Director of the Company on 22.05.2019, which is evident from Form DIR - 12 issued by the Registrar of Companies and the subject cheque in the said case was issued on 15.07.2021 . On consideration of the said facts, Criminal Petition No.5655 of 2022 was allowed and the proceedings in C.C.No.12712 of 2022 were quashed against the petitioner herein by the High Court ol Kamataka at Bengaluru '?. MANU/scoR/l59020/2023 ,l \ :-_.1 \ 5 - KLJ Crl l'.No.1682 of2024

7. In Anita Malhotrar, the appellant therein had resigned from the post of l)lrectorship of the company w.e.f. 31.08.1998, whereas cheques were issued on 01.06.2004. She has filed certified copy of annual retum of the company for the succeeding year of her rcsignation as obtained from Registrar of Companies and uncertified copy ol'Form-32 along with acknowledgment. On consideration of the same, the Apex Court held that annual retum is a public documcnt in teiims ol the provisions of the Companies Act, 1956 read with Section - 74 (2) of the Indian Evidence Act, [872. Accordingty, the Apex Court quashed the proceedings against the accused therein.

8. I;ven in Adhiraj Singh2, the Apex Court reiterated the said principlc and quashed the proceedings against the appellant therein for the offence under Section - 138 of N.I. Act.

9. ln the light olthe said principle, as discussed supra, in the present case also, the petitioner herein had submitted his resignation on 22.05.2019 fbr the post of directorship of accused No.l Company and also submitted statutory Form DIR-12 with the Registrar ol- Companies acknowledging resignation of the 6 KL.J Crl l'.No.1682 o12024 petitioner. Form DIR-12 is a public document in terms Section - 74 of the Indian Evidence Act.

10. Section - 74 deals with 'pubtic documents' and the same is reproduced hereunder: "74. Public documents.-The following documents are public documents: - (1) Documents forming the acts, or records of the acts - (i) ofthe sovereign authority, (ii) of official bodies and tribunals, and (iii) of pubtip officers, legislative, judicial and executive, ofany part of India or of the Commdnwealth, or of a foreign cor.rntry; (2) Public records kept in any State of private documents." Respondent No.2 faited to produce any document/evidence to disputc the same and to disbelieve Form DIR- 12. I l. As stated above, the petitioner herein had submitted his resignation for the post of Directorship of accused No.l Company on 22.05.2019, whereas the subject cheques bearing Nos.292192 and 296353 were issued on 30.12.2020 and 22.02.2021 respectively i.e., after resignation by the petitioner herein for the \ 7 KLJ Crl.P.No.1682 of2024 \'1 - post of Dircctorship of accuscd No.l Company. Therefore, the petitioner hcrein is not responsible for the day-to-tlav aflfairs of accused No. I Company. Thus, he cannot be prosecuted for the offence punishablc under Section - 138 of N.I. Act. ln view of the same. continuation of proceedings against the petitioner in the subject C.C. is nothing but an abuse of process of law. Therefore, the proceedings against the petitioner herein are liable to be quashed.

12. In thc light of 'the aforesaid discussion, this Criminal Petition is allowcd and the proceedings in S.T.C (NI) No.1410 of 2022 on thc filc ol I Additional Junior Civil Judge-cum-Xll AdditionaI Metropolilan Magisrrate, Medchal-Malkaj_eiri District at Kukatpally. are hereby quashcd against the petitioner herein - accused No.4 alone. As a sequel thercto, misccllaneous petitions. if any, pending in the Criminal Pelition shalI stand closed. //TRUE COPY// SD/- L. LAKSHMI BABU DEPUW REGISTRAR ( SECTION OFFICER One Fair Copy to the Hon'ble Sri Justice K.LAKSHMAN (For His LordshiPs Kind Perusal) To,

1. The Additional, Junior-cum-Xll Additional Metropolitan Magrstrate, Medcha l-Ma lkajg iri District at Kuakatpally ."5*.. ', - .. €.r"a-".'35i3:-. (:,: -,: *4ii*:!l: r.:.ii: l. Une CC to Sri -l . Bala Mohan Reddy, Advocate [OpUC] 3. Two CCs to The Public Prosecutor, High Court for the Siate of Telangana at 4. 1l LR Copies 5. The Under Secretary, Union of lndia Ministry of law, Justice and Company Hyderabad [OUT] Affairs, New Delhi

6. The Secretary A.P Advocates Association, Library, High Court Buildings Hyderabad 7. Two CD Copies w *S:;,.ie9; ,:;.:*1 ,& .:i*d,:.:.-.,a,fi#&, ..:; 1 HIGH COURT DATED:281312O25 ORDER \ CRLP No.1682 of 2024 t I .\ o ( a 2I JUL 20[ o CRIMINAL PETITION IS ALLOWED ?{ .da w, (ilA-5 I I l I l I I i JI