HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos: 3961 OF 2008 & 3965 of 2008 Dated 17-6-2010 CRIMINAL PETITON No.3961 of 2008: Between: Chinthala Ravi Kumar. …Petitioner. And: Yerneni Vasi Mohan and another. …Respondents. CRIMINAL PETITON No.3965 of 2008: Between: Chinthala Ravi Kumar. …Petitioner. And: Yerneni Vasi Mohan and another. …Respondents. HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos : 3961 OF 2008 & 3965 OF 2008 COMMON ORDER: These two Criminal Petitions are filed seeking to quash the proceedings against the petitoner in C.C.Nos.134 of 2008 and 136 of 2008 respectively on the file of the I Additional Chief Metropolitan Magistrate, Viajayawada for the offence under Sections 138 and 142 of Negotiable Instruments Act. Since the parties, the offence and question involved in both the petitions are one and the same, these two petitions are disposed of by way of common order. It is alleged that on 28-3-2007, the petitioner borrowed a sum of Rs.8,50,000/- from the complainant and his wife by executing a demand promissory note in their favour. On their repeated demands, the petitioner alleged to have issued cheque for Rs.2,00,000/- drawn on ING Vysya Bank, Satyanarayanapuram Branch, Vijayawada. When the said cheque was presented for encashment, the same has been returned on 13-11-2007 for the reason of “insufficient funds”. On 23-11-2007, the complainant issued legal notice under Registered Post and under Certificate of Post. It is further alleged the registered post was returned unserved and under Certificate of Post was received by the petitioner. In this connection, Police registered the case in Crime No.608 of 2007 and hence, the proceedings in the above C.Cs. are pending. Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is contended by the learned counsel for the petitioner that on the particular date the petitioner was in Central Prison, Rajahmundry and hence the question of availing loan on that particular date is totally false and in support of his contention, he produced a copy of a letter issued by the Jail authorities showing that the petitioner was in Central Prison, Rajahmundry on the relevant date. In view of the submission of the learned counsel for the petitioner and taking into consideration of the contents of the copy of the letter issued by the concerned jail authorities, the question as to whether the petitioner was in Central Prison on the relevant date or not is a matter to be decided before the trial Court after a full-fledged trial. In this view of the matter, I do not find any ground to quash the proceedings against the petitioner in the above two C.Cs. and as such, this Criminal Petitions are liable to be dismissed. Accordingly, these two Criminal Petitions are dismissed. However, it is made clear that the learned Magistrate is at liberty to appreciate the contention of the petitioner during the course of trial and the learned Magistrate is also directed to dispose of the above two C.Cs. within a period of six months from the date of receipt of a copy of this order. _________________________ JUSTICE RAJA ELANGO Dated 17-06-2010. Dvs HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos: 3961 OF 2008 & 3965 of 2008 Dated 17-06-2010