THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO Crl.P.No.3407 of 2010 ORDER This criminal petition is filed under Section 482 Cr.P.C to quash the proceedings against the petitioner– accused in C.C.No.14 of 2009 on the file of the Special Judicial Magistrate of First Class (Mobile Court), Kurnool. The complaint under Section 138 of the Negotiable Instruments Act, 1881 ( for short ‘the Act’) was filed alleging that the petitioner-accused herein has given a cheque dated 14-6-2008 for Rs.1,35,000/- in repayment of the amount due to the complainant, drawn on Warangal Urban Co- operative Bank Limited, Warangal. The said cheque is said to have been presented by the complainant before the State Bank of India, Market Yard, Kurnool. When it was sent to Warangal Urban Co-operative Bank Limited, Warangal, the same was returned informing that the cheque was not drawn on the said bank. However, the complainant has given a notice and instituted the complaint for the offence under Section 138 of the Act. The point for consideration is whether the prosecution against the petitioner is maintainable? POINT: The only question before this Court is whether the prosecution was validly instituted by the complaint against the petitioner. In order to fasten the liability under Section 138 of the Act, it is the duty of the complainant to show that in discharge of the liability, a cheque has been presented and that cheque has been dishonoured and consequently, the offence is committed. It is quiet clear that the cheque is said to have been drawn on Warangal District Co-operative Central Bank Limited, Warangal dated 17-6-2008. But, however, as can be seen from the material on record, the State Bank of India in whose favour the cheque was given for collection by the complainant was sent to Warangal Urban Co- operative Bank Limited, Warangal, which was returned stating that the cheque was not drawn on that bank. Therefore, the essential requirements of proper presentation of the cheque to the bank on which it was drawn and the consequential dishonour being not there, the prosecution under Section 138 of the Act cannot be further proceeded. Even if there are bona fide mistake on the part of the complainant or on the part of the said State Bank of India, the criminal liability cannot be fastened on bona fide mistakes. Therefore, the criminal petition is allowed quashing the proceedings in C.C.No.14 of 2009 on the file of the Special Judicial Magistrate of First Class (Mobile Court) Kurnool. __________________________ N.R.L.NAGESWARA RAO,J rkk Dated: 26-12-2011