THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.203 OF 2008 Dated : 29.12.2009 Between : Golla Shivasai Kumar ….. Petitioner/Accused a n d 1) K.Vasantha 2) The State of A.P. ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.203 OF 2008 ORDER : This criminal petition is filed under Section 482 Cr.P.C. by the petitioner/accused seeking to quash the proceedings in C.C.No.771 of 2007 on the file of the VI Metropolitan Magistrate, Cyberabad at Medchal, for the offence punishable under Section 138 N.I. Act. 2) Heard. 3) The contention of the learned counsel for the petitioner is that the bank of which the cheque was issued was not in existence as on the date of issuance of cheque. But, the material on record does not reveal that the complainant was aware of that fact. More over, the cheque was dishonoured for the reason of ‘instructions for stop payment’ but not on account of closure of the bank concerned, which was merged with some other bank. 4) Thus, there are seriously disputed questions of fact involved in the matter, truthfulness of which have to be decided by the trial Court. In such circumstances, it is not a fit case for quashing the proceedings against the petitioner. 5) Therefore, the criminal petition is dismissed. The petitioner can raise all the pleas raised by him before this Court before the trial Court. ______________________ P.SWAROOP REDDY, J 29th December, 2009 SUR