THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.3647 of 2009 DATED: 17.02.2011 BETWEEEN: T.Ramchander Rao, S/o.T.s.Raghavan … Petitioners/Accused AND 1. The State of A.P. rep. by its Public Prosecutor … Respondent 2. K.Siva Chandra Reddy. … Respondent/Complainant HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3647 of 2009 DATED: 17.02.2011 ORDER: The petitioner is accused of offence punishable under Section 138 of the Negotiable Instruments Act (in short, the Act) in CC.No.139 of 2009 on the file of I Additional Judicial Magistrate of the First Class, Proddatur. It is alleged that on 30.01.2009, the accused issued two post dated cheques for Rs.7,00,000/- each, dated 07.02.2009 in favour of the complainant towards discharge of his liability and that the said cheques when presented, were dishonoured for want of sufficient funds on 10.02.2009. After issuing the statutory notice, the 2nd respondent filed the private complaint in the lower Court. 2. It is contended by the petitioner’s counsel that, few days prior to the present complaint in the lower Court, the petitioner filed CC.No.279 of 2009 on the file of III Additional Chief Metropolitan Magistrate, Hyderabad, against the 2nd respondent and another, alleging offences punishable under Sections 447, 384, 385, 341, 350, 420, 506 and 120(B) I.P.C. alleging that the 2nd respondent and another obtained the cheques in question by force and under threats at gun point. It is stated by the petitioner’s counsel that, the said fact of obtaining the cheques at gun point was recorded by Video and Audio through C.C.Cameras installed in the petitioner’s shop. It is a matter, which has to be enquired and decided in CC.No.279 of 2009. Further, the same matter has to be again decided in the present case CC.No.131 of 2009 also, as a defence for the present case. It is a question of fact, which this Court cannot go into and decide in this petition filed under Section 482 Cr.P.C. Hence, the Criminal Petition is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 17.02.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3647 of 2009 DATED: 17.02.2011 ysk