THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.9522 OF 2009 Dated : 13.11.2009 Between : Thota Srinivasulu ….. Petitioner/Accused a n d 1) A.Murali Krishna Reddy 2) The State of A.P. ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.9522 OF 2009 ORDER : This criminal petition under Section 482 Cr.P.C. is filed by the petitioner/Accused seeking to quash proceedings in S.T.C.No.123 of 2008 on the file of the Judicial Magistrate of First Class, Pulivendla, Kadapa District, for the offence punishable under Section 138 N.I. Act. 2) Heard. 3) It is the contention of the learned counsel for the petitioner that the petitioner kept signed cheques in his car, which was stolen, and those cheques were used for fabricating present case against the petitioner. 4) There is no dispute about the petitioner signing the cheque in question. Further, the contention of the learned counsel for the petitioner that the stolen cheque was used for fabricating the case is a disputed question of fact, which has to be decided by the trial Court during the trial. Hence, at this stage, the proceedings against the petitioner cannot be quashed. 5) Therefore, the criminal petition is dismissed. ______________________ P.SWAROOP REDDY, J 13th November, 2009 SUR