HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.6265 OF 2011 ORDER: The present petition is filed under Section 482 of the Criminal Procedure Code by the petitioners to quash the proceedings in C.C.No.25 of 2011 on the file of Judicial Magistrate of I Class at Tuni, on the allegation that a cheque for Rs.14,00,000/- was given by the 1st accused represented by the 2nd accused with the knowledge and permission of the other accused, the same was presented and it was dishonoured on 15.09.2010 and on 10.10.2010 the complainant issued a statutory notice, for which, a reply was given on 21.10.2010 and on the basis of the above allegations, the case was taken on file. 2. The present application is filed to quash the proceedings on the ground that the complainant has committed forgery by changing the date of return memo from 18.07.2010 to 15.09.2010 and therefore, there is no valid statutory notice. It is a question of fact, which has to be established only by cross-examination of the complainant and by adducing evidence. As the matter stands, after dishonour of the cheque, the notice was given within 30 days and a reply was also given by the petitioners herein. 3. Therefore, in view of the above circumstances, it cannot be said that the statutory notice is not valid when there is a prima facie material in the complaint. The question as to whether there was enforceable liability or not and as to whether there was any arrangement as sought to be canvassed before this Court on the ground that an agreement was entered into with regard to the debts is also question of fact, which have to be decided on merits. 4. Therefore, the allegations in the complaint squarely discloses an offence, for which the cognisance has been rightly taken by the learned Magistrate and there are no grounds to quash the proceedings as the truth or otherwise of the contentions raised by the petitioners can only be decided after trial. Accordingly, the Criminal Petition is dismissed. _________________________ N.R.L. NAGESWARA RAO, J Date:28.07.2011 INL