THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION No.6758 of 2008 This is a petition filed under Section 482 of Criminal Procedure Code (for short Cr.P.C.) for quashing the proceedings in C.C.No.648 of 2005 on the file of 12th Additional Chief Metropolitan Magistrate, City Criminal Courts, Nampally, Hyderabad. 2. The first respondent herein has filed the complaint under Section 138 of Negotiable Instruments Act alleging that the accused is the principal borrower, who availed the cash credit loan facility from the complainant bank and executed loan documents in favour of the above said bank on 23.10.2001 and he is not operating his account as stipulated by the bank. A demand notice was sent to the accused on 12.08.2004 for Rs.2,43,640-28 paise., due and payable by the accused and on 17.03.2005 the accused submitted a letter of undertaking to pay the said amount within 10 or 15 days and issued a cheque bearing No.567973 dated 31.03.2005 in favour of the complainant bank for Rs.3,00,000/- drawn on ICICI Bank Limited, S.R.Nagar Branch, Hyderabad. 3. Heard the learned counsel for the petitioner. No representation on behalf of the respondent No.1. 4. Learned counsel for the petitioner had pleaded that the cheque was not issued by petitioner in favour of the complainant bank and he issued the same in favour of one K.V.R. Monotech Instruments Private Limited on 31.03.2005, as such the said complaint is not maintainable. 5. In the complaint, the respondent No.1 has stated that the cheque was issued in their favour by the petitioner and Xerox copy of the cheque was filed by the petitioner and the said cheque bearing No.567973 for Rs.3,00,000/- dated 31.03.2005 drawn on ICICI Bank, S.R.Nagar Branch, Hyderabad, which was issued in favour of K.V.R. Monotech Instruments Private Limited. As per the averments made in the complaint, the said cheque said to have been dishonoured when submitted by the complainant bank. From the above, it is evident that the said cheque was not issued by the petitioner in favour of the complainant bank. Therefore, the complaint filed by the complainant bank against the present petitioner under Section 138 of Negotiable Instruments Act, is not maintainable. The continuation of any proceedings against the petitioner, prima-facie, will amounts to abuse of process of law. 6. In the result, the criminal petition is allowed and the proceedings in C.C.No.648 of 2005 on the file of 12th Additional Chief Metropolitan Magistrate, City Criminal Courts, Nampally, Hyderabad, are hereby quashed. _____________________ P.DURGA PRSAD, J 1st April, 2011 KSP