THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4179 OF 2009 Dated 13-10-2011 Between: Dendi Srinivas Reddy. ..Petitioner. And: The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another. … Respondents. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4179 OF 2009 ORDER: This Criminal Petition is filed by the petitioner seeking to quash the F.I.R. No.7 of 2009 dated 3-2-2009 of Tandoor Police Station, Nagarkurnool, Mahaboob Nagar District, pending against him. The facts of the case in brief are follows: The 2nd respondent is the wife of late Pratap Reddy. The said Pratap Reddy committed suicide on 9.9.2008. Father of Pratap Reddy, Madhav reddy is also said to have committed suicide. According to the 2nd respondent, the petitioner herein is closely related to the family of her husband. When the elders discussed about the future of the 2nd respondent, the matter was settled and it was agreed to pay an amount of Rs.2,35,000/- to her by the other family members of her husband in lieu of her all claims including maintenance. The petitioner came forward to arrange that amount and issued a cheques for the said amount on 18-10-2008 vide cheques No.387030 drawn on ING Vyshya Bank Sardarpatel road, Secunderabad. The further case of the 2nd respondent is that soon after the issuance of the said cheques, she was necked out from her in-laws house and now she is compelled to take shelter with her parents. When she has sent the said cheques to the Bank for collection, it is returned unpaid on the ground that the petitioner instructed his banker to stop the payment. Alleging that the petitioner promising to pay amount of Rs.2,35,000/- issued the cheques and subsequently, instructed the Bank not to pay the said amount and the acts of the petitioner amounts to cheating and that the petitioner committed offences punishable under Sections 417 and 420 I.P.C., lodged a complaint before the Judicial Magistrate of First Class, Nagar Kurnool and the same was forwarded to the police and the police registered the same as a case in Cr.No.7 of 2009 for the offence under Sections 417 and 420 I.P.C. The petitioner’s further case is that the 2nd respondent harassed her husband and in-laws and she is responsible for the death of her husband and the police, Tandur, Mahaboob Nagar Police Station, registered a case against her and others in Cr.No.79 of 2008 for the offences under Sections 384, 323, 506 and 209 I.P.C. on the complaint given by the petitioner and she is also an accused in Cr.No.67 of 2008 in the same police station for the offence under Section 306 I.P.C. and the allegations made against him are false. Heard the learned public prosecutor. The settled legal position is that the documents filed by the petitioner-accused cannot be looked into at this stage. In a case where the allegations made against the accused in the First Information Report even if accepted as true on their face value, do not disclose any offence, then only this Court may interfere while exercising powers under Section 482 Cr.P.C. But in a case where the allegations made in the First Information Report prima facie show that an offence has been made out, this Court cannot interfere. The allegations made in F.I.R. in this case prima facie go to show that the petitioner had issued a cheques for a sum of Rs.2,35,000/- to the 2nd respondent and admittedly, the said cheque was not honoured. So it cannot be said that no case is made out from the allegations made in the F.I.R. against the petitioner. In the above circumstances, I do not see any reason to quash the First Information Report registered against the petitioner and hence, this Criminal Petition is liable to be dismissed. Accordingly, this Criminal Petition is dismissed. ___________________ B. CHANDRA KUMAR, J. Date: 13-10-2011 Dvs THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4179 OF 2009 Dated 13-10-2011 o