THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.2640 of 2010 ORDER: This Criminal Petition is filed by the petitioner seeking to quash the proceedings in C.C.No.244 of 2009 on the file of the Judicial Magistrate of First Class, Sullurpet, Nellore District, which was taken on file against him for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act (for short ‘the Act’). The brief facts of the case are that the petitioner borrowed an amount of Rs.1,00,000/- from the second respondent herein and in lieu thereof, he gave two cheques bearing Nos.486679 and 486680 drawn on Andhra Bank, Kukatpally Branch, Hyderabad, for an amount of Rs.50,000/- each. As the said cheques were dishonoured, after following the procedure prescribed under the Act, the second respondent herein filed a private complaint and the same was taken cognizance by the learned Judicial Magistrate of First Class, Sullurpet, Nellore District, and numbered it as C.C.No.244 of 2009. As stated supra, the same is questioned in this Criminal Petition. It is mainly contended by the learned counsel for the petitioner that it is true that an amount of Rs.1,00,000/- was borrowed by the petitioner from the second respondent herein-complainant and in lieu thereof, two cheques were given by the petitioner herein i.e., the accused to the complainant. But, subsequently, the petitioner paid the said amount of Rs.1,00,000/- to the second respondent and when the petitioner asked the complainant for return of the said cheques, which were given him, the complainant stated that he lost the said cheques and gave a letter on 19.11.2005. Subsequently, in the year 2008, the petitioner herein closed the account with the said bank. However, the said cheques, which were in existence, were presented by the second respondent herein as if the transaction between the parties is still in force and on their bouncing, the present complaint has been filed. Learned counsel for the petitioner strongly placed reliance on the said letter, dated 19.11.2005. Heard learned counsel appearing for both the parties. In the light of the submissions made by the learned counsel for the petitioner, this Court looked into the said letter, dated 19.11.2005, addressed by one Sri K.Subramanyam, who is none other than respondent No.2 herein to Sri Sai Vamsi Granites, and the text of the said letter is as follows: - “I Kalleti Subramanyam, Son of late Munuswamy, submit that the following cheques are misplaced and I could not trace them till now. (1) Cheque No.486679 Amount Rs.50,000/- (2) Cheque No.486680 Amount Rs.50,000/- The above mentioned cheques are misplaced due to my mistake. Please repay the above cheque amount to me. I promise you that I could not submit them to Bank. If I trace them in future. This is my humble request.” From a reading of the said letter, this Court finds some force in the submission of the learned counsel for the petitioner. But, on the strength of the said letter, this Court cannot quash the said proceedings against the petitioner for the reason that the said letter has to be proved by cogent evidence. This Court cannot know as to whether the said letter was addressed by the second respondent or as to whether the said transaction has really been closed and this is a matter of evidence, which has to be brought on record during the course of trial before the learned Magistrate in the said C.C. Though this Court finds some force in the submissions made by the learned counsel for the petitioner, as the said letter is not proved, this Court is unable to exercise its inherent powers and quash the said proceedings against the petitioner. The submissions made by the learned counsel for the petitioner before this Court can as well be advanced before the Court below and this Court is of the firm view that the Court below will definitely take the said aspect into consideration. Accordingly, the Criminal Petition is dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 18th January 2011 DR