THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 10625 of 2011 ORDER: The petitioner approached this Court, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against her in Crime No. 372 of 2011 on the file of Balanagar Police Station, registered for the offences punishable under Sections 417 and 420 I.P.C. The brief facts of the case are that, the 1st respondent advanced a loan of Rs.5,00,000/- to the petitioner’s husband for starting a business for which the petitioner’s husband gave a post- dated cheque of Rs.5,00,000/- as security, signed by the petitioner, which was dishonoured by the banker on 12.10.2010 on the ground of ‘insufficient funds’, on 15.10.2010. The 1st respondent did not choose to file any case under 138 of N.I. Act nor a civil suit for recovery of money against the petitioner’s husband. In the panchayat, the petitioner/accused said that she would not give any amount, because the cheque was barred by limitation. Hence, the complainant filed the present complaint. It is appropriate to notice here, paragraph 5 of the complaint filed before the Court: “ 5. The complainant submits that the cheque barred by limitation to file under Section 138 of N.I. Act or otherwise to file the recovery suit for the said amount under Code of Civil Procedure. Therefore, the complainant has filed this case to punish the accused for the offences under Sections 417 and 420 of I.P.C. within limitation under Section 468 of Cr.P.C.” From the above excerpted portion, it is clear that the 1st respondent filed the present complaint against the petitioner instead of invoking the civil jurisdiction. Therefore, the Criminal Petition is allowed and the proceedings in Crime No. 372 of 2011 on the file of Balanagar Police Station, Cyberabad are quashed. ----------------------- RAJA ELANGO, J 3rd November 2011 ksld