HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7816 of 2010 ORDER: This criminal petition is filed by the petitioner-accused, under Section 482 Cr.P.C., seeking to quash the proceedings in S.T.C.No.69 of 2008 on the file of the Addl. Judicial Magistrate of First Class, Kadiri, Anantapur District. The complainant, 2nd respondent herein, filed the complaint against the petitioner herein under Section 138 of the Negotiable Instruments Act. Learned counsel for the petitioner contended that the petitioner has not issued any cheque in favour of the 2nd respondent and he issued an unfilled cheque in favour of one R. Dhana Lakshmi, who is wife of the 2nd respondent herein, as security in respect of a chit transaction and by filling the unfilled cheque available with her wife, the 2nd respondent filed the present complaint and hence there is no legally enforceable debt. He further submitted that in the complaint, it is stated that the petitioner approached the 2nd respondent for hand loan of Rs.1,00,000/- representing that he is in need of the said amount to meet the medical expenses of his daughter and son-in-law, whereas the petitioner is not having a daughter. Therefore, he prayed to allow the criminal petition. Since the complaint in S.T.C.No.69 of 2008 on the file of the Addl. Judicial Magistrate of First Class, Kadiri, Anantapur District, is filed under Section 138 of the N.I. Act, this Court does not want to go into the merits of the case and is of the view that the petitioner can raise the contentions that are raised herein before the trial Court. Hence, the criminal petition deserves to be dismissed. Accordingly, the criminal petition is dismissed. In any event, the petitioner being a bank employee, his presence before the trial Court is dispensed with except the dates on which the trial Court insists for his presence. __________________ RAJA ELANGO, J 11th August, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7816 of 2010 (Dismissed) 11th August, 2010 CBS