THE HON’BLE SRI JUSTICE RAJA ELANGO CRL.P.NO.8046 OF 2011 ORDER The petitioner-accused preferred this criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the proceedings in CC No.51 of 2009 on the file of the Special Mobile Judicial Magistrate of First Class, Nizamabad, filed for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the Act’). The facts in brief are that when the petitioner- accused approached the de facto complainant for hand loan of Rs.35,000/-, the de facto complainant paid the same and that the petitioner-accused executed a promissory note agreeing to repay the same with interest at 18% p.a. As the accused paid an amount of Rs.6,000/-, he issued a cheque for Rs.29,000/- on 28-07-2005. On presentation, the same was dishonoured on the ground ‘account closed’. Hence, the de facto complainant issued a legal notice on 12-08-2005 and subsequently filed the complaint. Learned counsel for the petitioner contends that the contents of the complaint do not constitute any offence much less the offence under Section 138 of the Act. He further contends that the complaint does not contain any averment as to the existence of legally enforceable debt. He also contends that the petitioner neither executed any promissory note nor issued any cheque. This Court is of the view that the above contentions are to be decided at the time of trial only and the petitioner is directed to raise all the points before the trial Court. With the above observation, the criminal petition is disposed of. The presence of the petitioner before the trial Court is dispensed with except the dates on which the learned Magistrate insists for the same. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. _______________ RAJA ELANGO,J rkk Dated: 7-9-2011