IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE 8th DAY OF JULY, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.713 of 2000 Between: R.V.Mills Company and antoher … Petitioners And Vishnu Priya Cotton Traders and another … Respondents This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.713 of 2000 ORDER: - The complaint allegations clearly discloses that towards a sale consideration, the accused paid part payments by way of cheques and drafts and for the balance, he issued a cheque on 01.12.1998 for Rs.70,000/- and when it was presented for collection, the same was dishonoured with an endorsement ‘exceeding arrangements’. After issuing necessary notice, proceedings have been initiated against the accused for the offence punishable under Section 138 and 142 of Negotiable Instruments Act, which is now sought to be quashed on the ground that the cheques issued in the year 1996 were retained by the de facto complainant as a security with them and no cheque was issued in the year 1998, as alleged by the petitioners. The same is a matter of defence, available to the petitioner, which can be established during the course of trial. In view of the same, the proceedings cannot be quashed. The Criminal Petition is dismissed. _______________ A.GOPAL REDDY, J 8th July 2010 lmv