HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6360 OF 2010 Dated : 13.08.2010 Between : Kamma Sailaja … Petitioner-Accused A n d The State of A.P. & another … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6360 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-accused seeking to quash the proceedings in C.C.No.84 of 2010 on the file of the Additional Junior Civil Judge, Chilakaluripet, Guntur District. Heard. The allegations against the petitioner are that on 10.01.2009 she borrowed a sum of Rs.1 lakh from the complainant agreeing to repay the same in two months. After repeated demands, in discharge of said loan, petitioner issued cheque bearing No.288904 dated 30.07.2009 for Rs.1 lakh drawn on ICICI Bank Limited, Madhapur branch, which was dishonoured on presentation with an endorsement of ‘insufficient funds’. In spite of issuance of legal notice, accused failed to repay the said loan amount. Hence, the present complaint. Learned counsel for the petitioner submitted that the cheques given by the petitioner towards payment of instalments of loan from the bank were misused by the complainant. Hence, he prayed to quash the proceedings against the petitioner. The contention of the petitioner raise disputed question of fact, which cannot be probed into in an enquiry under Section 482 of the Code of Criminal Procedure. This Court is of the view that Prima facie case is made out against the petitioner from the allegations made against her in the complaint. Hence, this petition is liable to be dismissed. At this stage, learned counsel for the petitioner requested this Court to dispense with the presence of the petitioner before the trial Court. In view of the nature of allegations wherein the question of identity of the accused does not arise, the request of the petitioner can be considered. Accordingly, the Criminal Petition is dismissed. However, the appearance of the petitioner before the trial Court is dispensed with on her being properly represented through counsel. Miscellaneous Petitions filed in the Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 13.08.2010 sur