HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5685 of 2008 ORDER: This Criminal Petition is filed by the petitioners-accused, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in C.C.No.522 of 2008 on the file of the IX Metropolitan Magistrate, Cyberabad at Kukatpally, for an offence under Section 138 of the Negotiable Instruments Act. Heard. Learned counsel for the petitioners contended that as per the orders of this Court dated 1.2.2008 in A.S.M.P.No.141 of 2008 in A.S.No.690 of 2007, the petitioners deposited half of the decretal amount on 14.3.2008 to the credit of O.S.No.946 of 2003 which was filed by the 1st respondent against the petitioners for arrears of rent and mesne profits and thus there is no legally enforceable debt payable by the petitioners, and that though the petitioners issued a notice to the 1st respondent through their Advocate on 7.2.2008 informing as to said interim order and advising him not to present the cheque for encashment issued by the 2nd petitioner earlier towards execution of decree in E.P.No.189 of 2007 in O.S.No.946 of 2003, the 1st respondent filed the present complaint. On perusal of the record, this Court is of the view that the contentions raised by the learned counsel for the petitioners are the disputed facts and they are to be appraised only by the trial Court and this Court cannot conduct any enquiry or trial over the disputed facts, by invoking the provisions under Section 482 Cr.P.C. Hence, this Court is not inclined to quash the calendar case. But, at the same time, the petitioners are at liberty to raise all the aforesaid contentions before the trial Court at the time of trial. Accordingly, the Criminal Petition is dismissed and the Miscellaneous petitions, if any, filed shall stand closed. However, considering the nature of allegations wherein the question of identity of the petitioners before the trial Court does not arise, their appearance before the trial Court is dispensed with except the dates on which the learned Magistrate insists for their appearance and they are permitted to be represented through their counsel. _____________ RAJA ELANGO, J 19th August, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.5685 of 2008 (Dismissed) 19th August, 2011 cbs