THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1352 of 2009 ORDER: This Criminal Revision Case is directed against the order dated 31.07.2009 passed in Crl.M.P.No.3315 of 2009 in C.C.No.482 of 2008 on the file of the V Additional Junior Civil Judge, Guntur, whereby and whereunder, the learned V Additional Junior Civil Judge, Guntur dismissed the application filed by the petitioner under Section 245 Cr.P.C seeking discharge. The petitioner is the accused and the respondent is the complainant in C.C.No.482 of 2008. The complainant filed a complaint alleging inter alia that the petitioner/accused issued a cheque towards discharge of legally enforceable debt and on presentation of the said cheque, it came to be dishonoured and thereby, the petitioner is liable for punishment for the offence under Section 138 of the Negotiable Instruments Act. The petitioner entered appearance and moved Crl.M.P.No.3315 of 2009 under Section 245 Cr.P.C seeking discharge. The principal ground urged by the petitioner for discharge is that the complainant obtained his signatures on five blank cheques by putting him under threat, and therefore, it cannot be construed that the cheque in question was issued towards legally enforceable debt. The learned Magistrate dismissed the said application on the ground that the plea advanced by the petitioner is required to be examined during the trial. The said order is assailed in this revision. Heard learned counsel appearing for the petitioner and perused the order impugned in this revision. It is the defence of the petitioner/accused that the complainant obtained his signatures on five blank cheques by putting him under threat, and therefore, the cheque in question being one of the five cheques, cannot be construed as one issued towards legally enforceable debt. The question whether the complainant obtained cheque by putting the petitioner under threat is required to be examined during trial of the case. The learned Magistrate considered the material brought on record in the right perspective and dismissed the application filed by the petitioner under Section 245 Cr.P.C. I do not see any flaw in the impugned order warranting interference by this Court in exercise of powers under Section 397 and 401 Cr.P.C. The Criminal Revision Case is accordingly dismissed at the stage of admission. _____________________________ B.SESHASAYANA REDDY, J 12th August 2009 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1352 of 2009 DATED : 12-08-2009