THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5758 of 2011 Date: 14.07.2011 Between: Vaddi Srinivasa Rao …..Petitioner And The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad & another. …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5758 OF 2011 ORDER: Heard the learned counsel for the petitioner and also the learned Additional Public Prosecutor. 2. Petitioner is the sole accused in C.C.No.614 of 2010 on the file of the Court of the II Additional Judicial First Class Magistrate, Tanuku, West Godavari District. The offences are those punishable under Sections 138 & 142 of the Negotiable Instruments Act, 1881 (the Act). The plea of the petitioner is that the complainant and his men earlier kidnapped him and took a blank promissory note and blank cheques and those cheques have been pressed into service for filing the present complaint. It is also stated that the petitioner has given a complaint to the police about kidnapping and the police closed that case and later on he also filed protest petition and that is pending. 3. What should be noted is that in substance, the plea of the petitioner is that he did not sign and issue the cheques voluntarily and that there is no subsisting liability. The present case is only with regard to offences under the Act. The pleas of petitioner relate to disputed questions of fact which have to be decided on evidence and nothing can be said about the same now. In these circumstances, there is no ground to entertain this petition. 4. Accordingly, this petition is dismissed at the admission stage. ___________________________ JUSTICE N.RAVI SHANKAR 14th July, 2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5758 of 2011 DATE: 14.07.2011