THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.6604 of 2009 Date: 15.04.2011 Between: Boursetti Sharan Basappa …..Petitioner And M/s. Prakash International Limited, rep. by its Managing Director Sri Praksh Goel, Balanagar, Hyderabad & another. …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.6604 of 2009 ORDER: Petitioner herein is the accused in C.C.No.951 of 2008 on the file of the Court of VIII Additional Chief Metropolitan Magistrate, City Criminal Courts at Nampally. He filed this petition to quash the said C.C.No.951 of 2008. 2. The 1st respondent herein is the complainant in the aforesaid case. The above C.C. is filed alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 3. It is seen that earlier there was an agreement of sale between the petitioner and the respondent whereunder the petitioner agreed to sell certain immovable property and thereafter pursuant to a settlement between the parties, the petitioner has issued cheques for refund of part of the sale consideration received by him and the said cheques were bounced. Following the same, the respondent herein filed the aforesaid complaint. 4. The plea of the Counsel for the petitioner is that there is no subsisting liability at all and the cheques in question were taken from the petitioner under coercion. These are disputed questions of fact, which cannot be gone into in a petition under Section 482 of Cr.P.C. 5. In the circumstances, this Criminal Petition is dismissed. 6. It is, however, brought to my notice that the petitioner is now aged 73 years and he cannot attend the Court for each and every hearing. If that is so, it shall open for the petitioner to make an application for dispensing with his presence. The Court below in which the case is pending, may consider that application and pass appropriate orders having regard to the age of the petitioner. It shall also be open for the petitioner to make an application for expeditious disposal of the case and the Court below can consider it having regard to the volume of business before it. _________________________ JUSTICE N.RAVI SHANKAR 15th April, 2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.6604 of 2009 DATE: 15.04.2011