THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10108 of 2010 ORDER: Petitioner approached this Court with a prayer to quash the proceedings initiated against him in C.C.No.270 of 2010 on the file of XIX Additional Chief Metropolitan Magistrate at Hyderabad. Offence alleged against the petitioner is punishable under Section 138 of the Negotiable Instruments Act. Learned counsel for the petitioner submitted that the petitioner has not given the cheque towards legally enforceable debt. He further submitted that the petitioner has never acknowledged the amount payable to the complainant and that the entire complaint averments does not disclose the date on which the Global GAP certificates were dispatched to the clients/farmers of the petitioner. The other contention urged by the learned counsel for the petitioner is that in the reply email sent to the complainant, the petitioner informed the complainant not to deposit the cheque. Learned counsel also submitted that as per the letter addressed by the Bank, the cheque including the cheque book was given on 15.09.2008, whereas the date mentioned on the subject cheque was 11.09.2008, hence, the complaint is liable to be quashed. A perusal of the complaint reveals that after the complainant has released/dispatched the Global GAP certificates, the subject cheque was issued to the complainant and when the same was presented before the Bank, it was returned with an endorsement ‘Funds Insufficient’. Thus, prima facie allegations are made out against the petitioner. Hence, this Court is not inclined to appreciate the contentions of the petitioner at this stage. However, the petitioner is at liberty to raise his contentions before the trial Court. This criminal petition is, accordingly, dismissed. In any event, the presence of the petitioner before the trial Court is dispensed with except on the dates the learned Magistrate insists for the same and the petitioner shall be properly represented by its counsel. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ____________________ JUSTICE RAJA ELANGO 07.04.2011 v v