HONOURABLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION No.5346 of 2011 Dated 14.7.2011 Between: Penna Sadasivudu. …Petitioner. And: Kella Prasad and another. …Respondents. HONOURABLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION No.5346 of 2011 ORDER: Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. 2. The petitioner herein is the accused in C.C.No.63 of 2011 on the file of the Additional Judicial First Class Magistrate, Narasapur, West Godavari District. The offence alleged against him is the one punishable under Section 420 I.P.C. i.e., cheating. 3. The charge against the petitioner is that he took a sum of Rs.1,80,000/- from the defacto complainant promising to send his brother-in-law to Singapur and failed in that. It is also stated that subsequently, the brother-in-law of the defacto complainant went to Singapur on his own and the petitioner was also there and he gave a cheque for Rs.5,200/- Singapur dollars drawn on a Singapore Bank to the brother-in-law of the complainant and that was dishonoured and later on when the petitioner came back to India, the defacto complainant demanded the money and on that the petitioner abused and assaulted him. The above allegations prima facie constitute cheating. 4. The contention of the learned counsel for the petitioner is that the transaction of cheating relates to dishonour of a cheque given at Singapur to brother-in-law of the defacto complainant and since that cheque is not filed by the prosecution and the brother-in-law of the defacto complainant is not cited as a witness, there is no possibility of securing connection in the case and consequently, the case should be quashed. There is no force in this contention. 5. It may be noted that the charge relating to cheating consists of two parts. The 1st part is regarding taking of Rs.1,80,000/- from the defacto complainant promising to send his brother-in-law to Singapur and second part may relate giving of a cheque at Singapur which was dishonoured. The allegations in the Charge sheet would show that the case is based on the 1st part mentioned supra. Hence, it follows that the allegations in the Charge sheet disclose an offence against the petitioner but ultimately, whether it is true or not has to be decided by the trial Court on evidence and not by this court in these proceedings. 6. Accordingly, this Criminal Petition is dismissed at the admission stage. _________________________ Justice N.RAVI SHANKAR Dated 14.7.2011 *Dvs. HONOURABLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION No.5346 of 2011 Dated 14.7.2011 *Dvs.