IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3104 of 2010 DATE:01.04.2010 Between: K.S.Ranga Sai …… Petitioner/Accused. And: State of A.P., rep. by Public Prosecutor And another. …..Respondents. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3104 of 2010 ORDER: The petitioner is accused of offence punishable under section 138 of Negotiable Instruments Act in C.C. No.603 of 2008 on the file of II Additional Chief Metropolitan Magistrate, Hyderabad. 2) It is contended by the petitioner’s counsel that the petitioner is being proceeded with under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, the Act) and that arbitration proceedings are also pending before the arbitrator and that now the 2nd respondent-bank has filed the present complaint in the lower Court alleging an offence under Section 138 of Negotiable Instruments Act. It is contended by the petitioner’s counsel that at the time of obtaining of loan, the 2nd respondent- bank obtained several post-dated cheques from the petitioner and when they are dishonoured, the petitioner cannot proceed with the present case having resorted to recover entire amount due under the Act. Simply because the bank which is a secured creditor is proceeding to recover the secured debtor under the provisions of the Act. There is no law which prohibits the bank from enforcing its rights under the Negotiable Instruments Act in case post-dated cheque issued by the petitioner/accused is dishonoured. Remedy of the 2nd respondent under the Act is different from remedy of the 2nd respondent under the Negotiable Instruments Act before a criminal Court. One is not a bar for the other. Therefore, I do not find any legal impediment for proceedings in C.C. No.603 of 2008 before the criminal Court. 3) Hence, the petition is dismissed. _______________________________ SAMUDRALA GOVINDARAJULU, J April 1, 2010 KSH