THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.13017 of 2011 ORDER: Petitioner – accused approached this Court invoking the provisions under Section 482 Cr.P.C. with a prayer to quash the proceedings against him in C.C.No.50 of 2011 on the file of the XI Special Magistrate, Secunderabad, whereby he is facing charge for the offence punishable under Section 138 of the Negotiable Instruments Act. This Court perused the records and heard the arguments. In the complaint given by the complainant, the petitioner is arrayed as an accused for the cheque issued by him for an amount of Rs.3,00,000/- towards part payment out of the total amount of Rs.5.00 lakhs taken by him from the complainant. The main contention raised by the learned counsel for the petitioner is that while pendency of the present complaint on the file of the XI Special Magistrate, Secunderabad, the complainant and the accused entered into an agreement. In view of the said agreement, the accused issued a cheque for a sum of Rs.4,00,000/-(Rupees four lakhs only) and the complainant also accepted the said cheque. After accepting the said cheque, the continuation of proceedings against the petitioner for an offence under Section 138 of the NI Act are liable to be quashed. Admittedly, the present case is filed on the basis of the cheque issued by the accused on 01.11.2008 for an amount of Rs.3.00 lakhs. In view of the agreement entered into between the parties, petitioner issued the cheque for a sum of Rs.4,00,000/- bearing No.125095 dated 01.06.2011. The complainant deposited the said cheque in the bank, but the same was also returned with an endorsement ‘funds insufficient’ in the account. Learned counsel for the petitioner vehemently contended a new cause of action arises because of the deposit of the cheque issued by the accused dated 01.06.2011. But it is the admitted case of the petitioner that no case is filed as far as the cheque for Rs.4.00 lakhs is concerned. In the absence of registration of any case against the petitioner for the subsequent cheque, which was returned for the reason ‘funds insufficient’, the present complaint on the file of XI Special Magistrate, Secunderabad, cannot be quashed. Hence, the Criminal Petition is dismissed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ___________________ JUSTICE RAJA ELANGO 14th December 2011 Rns