[HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.2472 OF 2012 Dated 29-4-2014 Between:
Bonagiri Mallaiah @ Mallesham.
..Petitioner.
And:
The 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.2472 OF 2012 ORDER:
This petition is filed to quash proceedings in C.C.No.94 of 2011 on the file of Special Magistrate, Karimnagar.
2. None appeared for the petitioner.
3. This mater is coming for admission.
4. As seen from the grounds, C.C. is registered on a complaint filed by second respondent herein for the offence under Section138 of Negotiable Instruments Act. The grounds urged in the petition is that the cheque in question is issued as security and no consideration was passed and that there is no legally enforceable debt. This contention is only a defence available to the petitioner but the case cannot be quashed on that ground particularly, when there is no substantial material supporting the said allegation. The other objection is that there is no statutory notice served on the petitioner and this objection is also a defence available but not a ground to quash the proceedings in C.C.No.94 of 2011.
5. On a scrutiny of material, I am of the view that there are absolutely no grounds and therefore, this Criminal Petition is dismissed at the stage of admission.
6. As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 29-4-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.2472 OF 2012 Dated 29-4-2014 Dvs n