IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7379 of 2009 DATE: 29.10.2011 Between: S.A.D.Annamalai …… Petitioner And The State of Andhra Pradesh, rep. by its Public Prosecutor and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7379 of 2009 ORDER : The petitioner is accused of offence punishable under Section 138 of the Negotiable Instruments Act. The case is based on dishonour of two cheques dated 09.04.2007 drawn by the accused in favour of the complainant for Rs.74,580/- and Rs.2,50,104/-. The said cheques were dishonoured when presented for collection. Therefore, the 2nd respondent/complainant filed private complaint in the lower Court against the petitioner. It is contended by the petitioner’s counsel that the complainant filed O.S. No.144 of 2007 on the file of District Judge, Thanjavur, Tamilnadu State which was transferred to Fast Track Court and renumbered as O.S.No.18 of 2008 for recovery of money on the basis of the same transaction. Filing of civil suit will not debar the plaintiff to file criminal case under Section 138 of the said Act in case cheques drawn by the accused towards that account were dishonoured. It is further contended that in pursuance of orders of the civil Court, the petitioner/accused deposited entire amount of Rs.6,37,053/- to the credit of the above suit. No material is placed to prove the said fact. In any event, in case the complainant/plaintiff is permitted to withdraw the said amount from the civil Court and adjust the same towards the debt due, then the complainant will be in a position to withdraw the present complaint. Mere deposit of the amount in civil Court will not satisfy claim of the complainant. There are no grounds to quash criminal proceedings under Section 138 of the said Act in this petition filed under Section 482 Cr.P.C. 2) Accordingly, The Criminal Petition is dismissed. _______________________________ SAMUDRALA GOVINDARAJULU, J October 29, 2011 ksh