HON'BLE SRI JUSTICE R. SUBHASH REDDY CRIMINAL PETITION Nos. 7973 of 2008 and 6431 of 2009 Date : 16.11.2011 Between : U. Yadagiri & others. …..Petitioners And The State of Andhra Pradesh, rep. by Public Prosecutor & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY CRIMINAL PETITION Nos. 7973 of 2008 and 6431 of 2009 COMMON ORDER : Criminal Petition No.7973 of 2008 is filed, seeking to quash the proceedings in Crime No.415 of 2008 on the file of P.S. Chandanagar, whereas Criminal Petition No.6431 of 2009 is filed, seeking to quash the proceedings in C.C.No.21 of 2009 on the file of the learned Judicial First Class Magistrate, Special Mobile Court at Sangareddy. For the purpose of disposal, I refer to the parties as arrayed in criminal petition No.7973 of 2008. Crime No.415 of 2008 on the file of P.S.Chandanagar is registered against the petitioners on the reference made under Section 156(3) Cr.P.C. by the learned IX Metropolitan Magistrate, Cyberabad. In the said complaint filed by the 2nd respondent, it is alleged that he is a civil Contractor and used to supply construction material to petitioner No.1 and in view of the acquaintance developed with him, he had joined in the unregistered chit run by the 1st petitioner herein. It is stated that for the purpose of security to release the bid amount, the 1st petitioner has demanded blank signed promissory note and believing him, he gave a blank signed promissory note and receipt to the 1st petitioner. It is further complained that when he received legal notice, dated 27.06.2008, alleging that he has obtained a loan of Rs.3,00,000/- from the 2nd petitioner herein, he had noticed that cheque numbers 270945 and 270946 were missing from his house at Chandanagar. Precisely, in the said complaint, it is alleged that the blank promissory note signed by him in favour of the 1st petitioner is fabricated and also the petitioners have mis-used the above referred cheques stolen from his house. On the said complaint, when the matter was referred to the Police, a crime is registered in Crime No.415 of 2008 for the offences under Sections 379, 405, 411, 414, 417, 418 and 420 read with 120 of IPC. Coming to criminal petition No.6431 of 2009, C.C.No.21 of 2009 on the file of the learned Judicial First Class Magistrate, Special Mobile Court at Sangareddy, is registered on the private complaint filed by the 2nd petitioner in Criminal Petition No.7973 of 2008. The said private complaint is filed for the alleged offence committed by the 2nd respondent under Section 138 of the Negotiable Instruments Act. In the complaint filed before the Magistrate, it is the case of the 2nd petitioner that the 2nd respondent has obtained a loan of Rs.3,00,000/- from him by executing a promissory note and for repayment, he has also issued cheque No.270945, dated 09.06.2008, drawn on Vijaya Bank, Chandanagar branch for an amount of Rs.3,00,000/-, but when it was presented for payment, it was returned unpaid with an endorsement “payment stopped by the drawer”. With the aforesaid allegations, complaint is filed by the 2nd petitioner, seeking to punish the 2nd respondent for an offence under Section 138 of Negotiable Instruments Act. In Criminal Petition No.7973 of 2008, it is submitted by Sri S.Bhooma Goud, learned counsel for petitioners that the private complaint filed against the 2nd respondent is earlier in point of time, and only to circumvent the same, a false complaint is filed by the 2nd respondent alleging forgery of promissory note and also theft of cheques. It is submitted that as no particulars are mentioned in the complaint as to who had stolen the cheques, proceedings are liable to be quashed at this stage itself. On the other hand, it is submitted by the learned counsel appearing for petitioner in Criminal Petition No.6431 of 2009 that as much as the promissory note was fabricated and the stolen cheques were used and presented for payment, he has not committed any offence punishable under Section 138 of the Negotiable Instruments Act, as such, the proceedings initiated in C.C.No.21 of 2009 on the file of the learned Judicial Magistrate of First Class, Special Mobile Court at Sangareddy, are fit to be quashed. After hearing learned counsel for the parties, I have also perused the copy of the complaint filed by the complainants in both the cases. Though it is the allegation of petitioners in Criminal Petition No.7973 of 2008 that promissory note was executed by the 2nd respondent and the cheques issued by him were dishonored, and in that view of the matter, he is liable to be prosecuted for the offence under Section 138 of Negotiable Instruments Act, at the same time, it is also the complaint of the 2nd respondent that such promissory note was fabricated and the cheques were stolen from his house and the private complaint was filed based on such material. With regard to the allegations in Crime No.415 of 2008, which was registered on the complaint made by the 2nd respondent, it is a matter for investigation. Merely because the complaint filed by the petitioner in C.C.No.21 of 2009 pending on the file of the learned Judicial First Class Magistrate, Special Mobile Court, Sangareddy is earlier in point of time, that by itself, is no ground for quashing the proceedings in Crime No.415 of 2008. Even in C.C.No.21 of 2009, which is registered against the 2nd respondent for the offence under Section 138 of Negotiable Instruments Act, if the cheques are not issued by him and the promissory note is fabricated, it is a matter for inquiry during trial by the learned Magistrate, but the same is no ground for quashing the proceedings at this stage. For the aforesaid reasons, I do not find any ground in both the criminal petitions for quashing the proceedings as prayed for. But, in view of staying all further proceedings in Crime No.415 of 2008 by this Court, and taking in to account the fact that the complaint filed by the petitioners, which is subject matter of criminal petition No.7973 of 2008 is earlier in point of time, I deem it appropriate to direct the respondent/Police not to take any steps for arrest of petitioners in Criminal Petition No.7973 of 2008, till investigation is completed on the complaint filed by the 2nd respondent. Subject to the above direction, Criminal Petition No.7973 of 2008 is disposed of and Criminal Petition No.6431 of 2009 is dismissed. ______________________ R. SUBHASH REDDY, J 16th November 2011 ajr