THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.10875 OF 2010 DATED: 02-11-2010 ORDER: This petition is filed under Section 482 of Cr.P.C., seeking to quash further proceedings in C.C.No.77 of 2007 on the file of the learned Judicial Magistrate of First Class for Excise Cases, Visakhapatnam. 2. Heard learned counsel appearing for the petitioner and the learned Additional Public Prosecutor representing the 1st respondent-State. Perused the record. 3. Second respondent herein filed a complaint against the petitioner-accused alleging offence under Section 138 of the Negotiable Instruments Act on the ground that post- dated cheques issued by the petitioner-accused towards discharge of debt, comprising principal amount of Rs.5,00,000/- and interest of Rs.1,50,000/- towards full and final settlement in pursuance of memorandum of understanding executed between the parties, were dishonoured by the bank. 4. Learned counsel for the petitioner would submit that the MOU has not been filed before the Court. 5. If any material document is not produced before the trial Court, it is open to the trial Court to draw necessary inference while appreciating the entire evidence on record. Failure to file the documents is no ground for quashing the prosecution itself. 6. Learned counsel for the petitioner would submit that non-bailable warrant has been issued against the petitioner-accused and the same was not recalled. 7. It is open to the petitioner to approach the trial Court and file appropriate application under the relevant provision of law in that regard and for the said purpose, provision of law under Section 482 Cr.P.C., cannot be invoked. There are absolutely no valid or justifiable grounds to entertain the present petition. 8. In the result, Criminal Petition is dismissed. _______________________ G.V.SEETHAPATHY, J 02nd November, 2010 Tsy