HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.4235 OF 2012 Dated 24-7-2014 Between:
Atluri Ravi.
..Petitioner.
And:
State of Andhra Pradesh, represented by its Public Prosecutor, High Court of A.P., Hyderabad and another.
…Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.4235 OF 2012 ORDER:
This petition is filed to quash proceedings in C.C.No.676 of 2011 on the file of III Additional Chief Metropolitan Magistrate, Vijayawada, for alleged offences under of Sections 138 and 142 of Negotiable Instruments Act.
Heard advocate for petitioner.
It is submitted that petitioner filed the above case on the basis of a forged and fabricated document in order to harass the petitioner. He further submitted that petitioner never borrowed any amount and all the documents filed by the complainant are fabricated documents. He further submitted that provisions of 138 and 142 of Negotiable Instruments Act are not at all attracted and therefore, the proceedings have to be quashed.
As seen from the complaint, the allegations against the petitioner is that he borrowed Rs.5,00,000/- on 5-4- 2009 for the purpose of his family expenses and in discharge of the same, he issued a cheque on 8-9-2011 and when the same is presented on 9-9-2011, it is dishonoured for want of funds.
As seen from the complaint, a statutory notice is issued demanding payment of cheque amount but the same is returned to the complainant.
Now the contention of the petitioner is that these documents are fabricated documents and this plea cannot be decided in a 482 petition and it is a matter of evidence which the trial court has to appreciate.
On a scrutiny of the material papers, I am of the view that there are no grounds to quash the proceedings and that the objections raised by the petitioner are the defences available to him which can be urged before trial court.
For these reasons, this Criminal Petition is dismissed giving liberty to the petitioner to urge these grounds before the trial court and the trial court shall consider them without being influenced by the dismissal of this petition.
As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 24-7-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.4235 OF 2012 Dated 24-7-2014