THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.1653 of 2009 Date:16th November, 2011 Between: Dr.N.Ramakrishna Raju S/o.N.A.N.Raju ..... Petitioner AND Dr.T.Srinivasulu S/o.Sri T.Chenganna & Anr. .....Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.1653 of 2009 ORDER: This Criminal Petition has been filed under Section 482 Cr.P.C., by the accused in C.C.No.278 of 2008 on the file of XIX Additional Chief Metropolitan Magistrate, City Criminal Courts, Nampally, Hyderabad, (old C.C.No.1077 of 2007 on the file of III Additional Chief Metropolitan Magistrate, City Criminal Courts at Hyderabad) to quash the proceeding therein. 2. The 1st respondent is the complainant and the petitioner is the accused in C.C.No.278 of 2008. The 1st respondent filed a complaint originally before III Additional Chief Metropolitan Magistrate, City Criminal Courts at Hyderabad, which was subsequently transferred to XIX Additional Chief Metropolitan Magistrate, City Criminal Courts, Nampally, Hyderabad, alleging inter alia that the accused has taken a hand loan of Rs.20,00,000/- assuring him that he would repay the amount by the end of June, 2007. Subsequently, the accused issued a cheque bearing No.925378, dated 30.06.2007, for Rs.20,40,000/-. The 1st respondent/complainant presented the cheque for encashment, but the cheque came to be returned with an endorsement ‘funds insufficient’. Thereafter, the complainant issued a statutory notice demanding the accused to make good the amount covered under the cheque in question. Since the accused failed to liquidate the liability, the complainant filed a complaint for the offence under Section 138 of the Negotiable Instruments Act before III Additional Chief Metropolitan Magistrate, City Criminal Courts at Hyderabad. The learned Magistrate took the complaint on file as C.C.No.1077 of 2007 and subsequently, the same came to be transferred to the Court of XIX Additional Chief Metropolitan Magistrate, City Criminal Courts, at Nampally, Hyderabad, and renumbered as C.C.No.278 of 2008. Hence, this Criminal Petition by the accused to quash the proceeding therein. 3. Heard learned counsel appearing for the petitioner and perused the material brought on record. 4. Learned counsel appearing for the petitioner submits that the 1st respondent/complainant fabricated the documents and filed the complaint before III Additional Chief Metropolitan Magistrate, City Criminal Courts, Hyderabad. 5. The question whether the 1st respondent/complainant fabricated the documents is required to be examined by the trail Court. The validity or otherwise of the documents filed along with the complaint cannot be examined in a quash petition filed under Section 482 Cr.P.C. 6. Accordingly, the Criminal Petition is dismissed. ______________________ B.SESHASAYANA REDDY, J. Date:16th November, 2011. cs THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.1653 of 2009 Date:16th November, 2011