HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.773 OF 2006 DATE:15-07-2010 BETWEEN Palli Nageswara Rao …Petitioner AND Mallidi Srinivasa Reddy & Another …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.773 OF 2006 ORDER: Petitioner who is accused in C.C.No.712 of 2004 facing trial for the offence punishable under Section 138 of Negotiable Instruments Act filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings in C.C.No.712 of 2004 pending on the file of V Metropolitan Magistrate, Visakhapatnam contending that the complainant-second respondent herein who is conducting business in the field of providing general finance is a money lender and therefore, he could have obtained necessary licence to do the money lending business and as he has not obtained such licence, the impugned proceedings instituted at his instance have to be quashed. The aspect, whether or not the complainant has obtained the money lending licence, has to be established during the course of trial basing on the evidence adduced, but only on the presumption that the complainant does not possess the money lending licence, it is not desirable to quash the impugned proceedings at this stage. The Criminal Petition is accordingly dismissed. _______________ A. GOPAL REDDY, J. JULY 15, 2010 Tsr.