IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD Wednesday, July 20, 2011 Present: Hon’ble Sri Justice N. Ravi Shankar Crl.P.No. 12188 of 2010 Between: M/s. Srinivasa Constructions and another …Petitioners and The State of AP and another …Respondents THE HON’BLE SRI JUSTICE N. RAVI SHANKAR Crl.P.No. 12188 of 2010 O r d e r: Heard Sri Pulla Rao Yellanki, learned counsel for the petitioners, Sri Mummaneni Srinivasa Rao, learned counsel for the 2nd respondent and the learned Additional Public Prosecutor. 2. This petition is filed for quashing the criminal case – C.C.No. 58 of 2010 on the file of the court of Judicial Magistrate of First Class, Bodhan, Nizamabad District. The petitioners are A-1 and A-2 in the said case. The first petitioner is stated to be a partnership firm and the second petitioner its Managing Partner. The case pertains to the offence punishable under section 138 of the Negotiable Instruments Act. 3. The main plea of the petitioners is that the cheque in question was not issued by the second petitioner i.e., the second accused in the case, it was concocted by the second respondent herein i.e., the complainant and was pressed into service. It is also alleged that the second respondent in collusion with one Boinaplly Satyanarayana brought the cheque into existence. The learned counsel for the petitioners also pointed out that the original account number of the second respondent in State Bank of Hyderabad, Kothagudem is “640”, but the cheque in question appears to be of a different account number, his earlier account was already closed and therefore the question of issuing a cheque on a closed account does not arise. It may be noted that the above pleas of collusion, issuing a cheque on a closed account and whether there is any collusion on the part of the complainant in bringing the cheque into existence with the help of a third party are all disputed questions of fact which have to be decided on evidence. In the circumstances the above pleas cannot be entertained in this petition. 4. Accordingly this petition is dismissed. _____________________ N. RAVI SHANKAR, J. July 20, 2011. *BVS