THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.6731 OF 2009 Dated:16.11.2009 Between: Boinapally Rama Krishna Rao and another .. Petitioners/A-1 & A-2 And The State of Andhra Pradesh, rep., by Its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another .. Respondents THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.6731 OF 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C., is filed by the petitioners-A-1 and A-2, seeking to quash the proceedings against them in C.C.No.858 of 2008 on the file of the Judicial Magistrate of First Class, Suryapet, Nalgonda District, for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. Heard both sides. 3. As there is no dispute about the cheque being dishonoured may be on account of stop payment, and the questions raised are all questions of fact, which have to be considered during trial, I see no merits in the Criminal Petition and the same is accordingly dismissed. However, the presence of the second petitioner shall be dispensed with during trial, as she said to be 80 years old, but she has to be present at the time of examination under Sections 251, 313 Cr.P.C., and judgment. 4. Accordingly, the Criminal Petition is dismissed at the stage of admission. ___________________ P. SWAROOP REEDY, J 16th November 2009. KH