IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.389 OF 2008 Between: M. Chandrika ..... PETITIONER AND The State of Andhra Pradesh and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.389 OF 2008 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, (for short, “Cr.P.C.”) is filed to quash the proceedings in C.C.No.528 of 2007 on the file of the Additional Judicial Magistrate of First Class, Sanga Reddy. 2. A private complaint was filed by respondent No.2 under Section 138 of the Negotiable Instruments Act, 1881, (for short, “the Act”) alleging that as per the Agreement – cum - General Power of Attorney (GPA), the accused has to pay Rs.70,300/- to the complainant. At the time of executing the Agreement – cum – GPA by the complainant in favour of the accused, the accused given a cheque bearing No.335403, dated 06.11.2006, to the complainant. After execution of Agreement – cum – GPA, the accused did not pay the remaining amount and the accused requested the complainant to present the cheque after 20.12.2006. When the cheque was presented on 27.11.2007, it was returned with an endorsement as “insufficient funds”. After issuing statutory notice on 03.02.2007, complaint is filed against the accused. 3. Learned counsel for the petitioner/accused contended that the notice is bared by limitation; that the entire amount has been paid; that respondent No.2 intentionally mentioned the wrong address in the legal notice and hence, he prays to quash the proceedings. 4. The inherent powers under Section 482 Cr.P.C. can be invoked when there is abuse of process of Court or to secure ends of justice or to carry out the orders passed under the code. 5. On what date the bank had returned the cheque; whether the notice as contemplated under Section 138 of the Act was issued within thirty days from the date of receipt of intimation and whether the complainant mentioned the wrong address in the legal notice, dated 03.02.2007, are the questions of fact, which cannot be decided and determined exercising the powers under Section 482 Cr.P.C. Therefore, there are no grounds to quash the proceedings. Hence, the petition is devoid of merit and is liable to be dismissed. 6. Accordingly, the Criminal Petition is dismissed. _______________ K.C. BHANU, J July 29, 2010 MD THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.389 OF 2008 July 29, 2010