HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NOs.1797 & 1798 OF 2010 Date: 15.03.2010 CRL.PETITION No.1797 of 2010 Between: K.Gopala Krishna Rao …..Petitioner And: The State Bank of Hyderabad, rep. By Its Manager, Uppal Branch, Hyderabad and another …..Respondents CRL.PETITION No.1798 of 2010 Between: K.Gopala Krishna Rao …..Petitioner And: The State Bank of Hyderabad, rep. By Its Manager, Uppal Branch, Hyderabad and another …..Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NOs.1797 & 1798 OF 2010 COMMON ORDER: The petitioner in these two petitions is accused of offence punishable under Section 138 of Negotiable Instruments Act. For the loan obtained by him from the 1st respondent-Bank, the petitioner gave cheques towards instalments payable by him and those cheques were dishonoured, resulting in the bank filing these two cases before the lower Court i.e., III Metropolitan Magistrate, Lal Bahadur Nagar, Cyberabad. It is stated that the Bank filed civil suit and obtained decree and got the petitioner’s retirement benefits also attached and that even though the petitioner wanted to settle the matter, the bank is not coming forward. The said grounds are not legal or valid for quashing criminal cases pending in the lower Court. Simply because the bank has availed civil remedies against the petitioner, the bank is not debarred in law from pursuing remedies under criminal law also simultaneously. 2) Hence, both the petitions are dismissed. ________________________________ SAMUDRALA GOVINDA RAJULU,J. April 15, 2010 KSH