THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.314 of 2009 Date:28th September, 2011 Between: R.PadmavathiW/o.R.L.Sharma …. Petitioner/Accused And 1) The State of A.P. rep. by Public Prosecutor, High Court of A.P. & Anr. …. Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.314 of 2009 ORDER: This Criminal Petition has been filed under Section 482 Cr.P.C. by the accused in Crime No.148 of 2008 of Penumantra Police Station, West Godavari District, to quash the proceeding therein. 2. The 2nd respondent herein is the de facto complainant in Crime No.148 of 2008 of Penumantra P.S. He presented a report alleging, inter alia, that the petitioner herein borrowed a sum of Rs.2,50,000/- on a promissory note promising to repay the same with interest at 24% p.a. Subsequently, the petitioner issued a cheque bearing No.315153, dated 22.10.2008, drawn on Central Bank of India, Kalyan Nagar Branch, Hyderabad for a sum of Rs.2,50,000/-. On presentation of the said cheque, it came to be dishonoured with an endorsement ‘no such account with the bank’. Hence, the petitioner is liable for punishment for the offence under Section 420 IPC 3. Notice to the 2nd respondent came to be ordered on 29.01.2009. The 2nd respondent entered appearance through a counsel. 4. Heard learned counsel appearing for the petitioner and learned counsel appearing for the 2nd respondent. 5. Learned counsel appearing for the petitioner submits that the petitioner has no acquaintance with the 2nd respondent and there are no monetary transactions between the petitioner and the 2nd respondent, and in which case, the question of the petitioner issuing the cheque in favour of the 2nd respondent does not arise. 6. The question whether the 2nd respondent mis-utilized the blank cheques issued by the petitioner is a matter to be ascertained during the course of investigation. This is not a fit case to interdict the investigation in Crime No.148 fo 2008 of Penumantra Police Station. 7. Accordingly, the Criminal Petition is dismissed. Consequently, the interim stay granted on 29.01.2009 stands vacated. ________________________ B.SESHASAYANA REDDY, J. Date:28th September, 2011. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.314 of 2009 Date:28th September, 2011