HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.3269 OF 2002 DATE:08-07-2010 BETWEEN Sri Sai Medical & General Stores, Rep. by its Proprietor Kasi Reddy Ashok Reddy, R/o.Uppal Bus Depot, Feerzadiguda, R.R.District. …Petitioner AND State of A.P. Rep. by Station House Officer, Osmania University Police Station, Hyderabad & Another. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.3269 OF 2002 ORDER: Petitioner herein seeks to quash the proceedings in C.C.No.17 of 2002 pending on the file of VI Metropolitan Magistrate, Nampally, Hyderabad which was taken cognizance for the offence under Section 138 of Negotiable Instruments Act on the ground that the complaint was lodged before the Court on 24.1.2001 and the matter was posted to 15.2.2001 for recording the sworn statement of the complainant and as the presiding officer was on leave on one occasion and the complainant was absent on other occasions, the sworn statement of the complainant was recorded only on 24.1.2002, cognizance was taken and process were issued. The bank supplied the cheque book to the petitioner in the month of May, 1997, and whereas, the cheque referred to by the complainant was delivered to him on 17.7.1997. The complainant exploited the blind confidence imposed on him and presented the cheque to his bankers and initiated the proceedings as if the petitioner had borrowed the amount from him on 17.7.1999. Whether the cheque was issued in the year 1997 and whether the impugned proceedings were initiated taking advantage of the blank cheque as if the petitioner borrowed the amount from the complainant on 17.7.1999 are all matters to be adjudicated by the lower Court on appreciation of evidence adduced by the respective parties. Taking cognizance of offence is a judicial hearing of the matter. Taking cognizance of the offence is not the same thing as issuance of the process as held by the Apex Court in State of Karnataka v. Pastor P. Raju (AIR 2006 SC 2825). In view of the same, the impugned proceedings cannot be quashed at the initial stage without giving an opportunity to the respondent- complainant. The Criminal petition is accordingly dismissed. _______________ A. GOPAL REDDY, J. JULY 08, 2010 Tsr.