THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 3864 of 2009. ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No. 31 of 2009 on the file of the Judicial First Class Magistrate, Hindupur. I have heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor representing the State. There is no representation for the 2nd respondent (de facto complainant). Brief facts of the case are that the 2nd respondent herein sold her house to the petitioner in the year 2004 and that while handing over the possession of the house, she forgot her cheque book in the waste papers, which was subsequently taken by the petitioner and he forged the signature of the 2nd respondent on the cheque bearing No.128767 and has been threatening her by showing the above cheque. She also alleges that on 30.10.2008 at about 6 p.m. the petitioner trespassed into her house, abused her in filthy language and dragged her by holding her left hand and when she shouted, he left her and ran away. Learned Counsel for the petitioner would submit that in fact the 2nd respondent issued the cheque in question to the petitioner on 8.8.2008 and when it was presented for collection of the amount, the same was dishonoured on 16.10.2008 and thereafter the petitioner got issued a legal notice to the 2nd respondent on 24.10.2008 and after receipt of the notice, she filed the present complaint on 30.8.2008. It is also brought to the notice of this Court that the 2nd respondent filed a criminal petition under Section 482 Cr.P.C. to quash the complaint filed by the petitioner under Section 138 NI Act and the said petition was dismissed by this Court and an SLP preferred against the order of this Court was also dismissed. If we examine the sequence of events pointed out by the learned Counsel for the petitioner, the nature of allegations levelled against the petitioner by the 2nd respondent would appear to be ex facie false. It is highly difficult to believe that the petitioner was threatening the 2nd respondent by showing the forged cheque and he trespassed into her house and abused her in filthy language and also dragged her by holding her left hand. All these allegations are levelled against the petitioner in the complaint lodged on 30.10.2008 after receiving the notice on 24.10.2008. Therefore, the allegations can be termed as false particularly when they are considered in the point of view that they are made after receipt of notice about the dishonour of the cheque in question from the petitioner. When it appears to the court that the allegations are ex facie false and are made only to see that the petitioner would come to compromise, the proceedings have to be quashed, else it would lead to miscarriage of justice. Accordingly, the proceedings in C.C.No. 31 of 2009 on the file of the Judicial First Class Magistrate, Hindupur are hereby quashed. The criminal petition is allowed. ______________________ R.KANTHA RAO, J 9.12.2010. KRB. THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 3864 of 2009. ORDER DT. 9.12.2010