IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.6994 OF 2009 BETWEEN: P. Paramaguru S/o. Palani Swamy …. Petitioner AND 1. The State, rep. by the Public Prosecutor, High Court of A.P., Hyderabad. 2. Vetcha Krishna Murthy S/o. Chinna Mallaiah …. Respondents THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.6994 OF 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner P. Paramaguru, accused No.4, seeking to quash the proceedings against him in C.C. No.251 of 2009 on the file of the learned V Additional Munsif Magistrate, Guntur, filed by the complainant Vetcha Krishna Murthy, respondent No.2 herein, for the offence under Section 138 of the Negotiable Instruments Act, 1881. 2. Heard. 3. The contention of the learned counsel for the petitioner is that the cheque in question was signed and issued by the petitioner on behalf of accused No.1 firm M/s. K.R.A. Textiles and that he is proprietor of M/s. K.R.A. Cotton Company, thus both the firms are different, as such, he is not liable for the offence. 4. A reading of the cause title in the main complaint shows that the establishment of the petitioner is M/s. K.R.A. Textiles only. The petitioner might have described himself as proprietor of M/s. K.R.A. Cotton Company in the quash petition. However all these are questions of fact, which can be gone into during trial. 5. In the circumstances, it is not a case where it can be said that there is no prima facie case to proceed against the petitioner, as such, the petition is liable to be dismissed. 6. Accordingly, the Criminal Petition is dismissed at the admission stage itself. _____________________ P. SWAROOP REDDY, J November 11, 2009. KTL