THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7464 of 2011 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings in C.C. No.258 of 2011, on the file of the Special Judicial Magistrate of the First Class for Excise Court, Guntur, instituted for the offence punishable under Section 138 of the Negotiable Instruments Act, (for short, the Act). Heard. The main contention of the learned counsel for the petitioner is that the cheques were issued as a security and that there is no legally enforceable debt. Hence, the present complaint is not maintainable. On perusal of the entire material available on record, and after hearing the arguments, it is clear that the contention raised by the learned counsel for the petitioner is a matter to be decided by the trial court. Further, the learned counsel for the petitioner stated that the cheques were issued in the year 2009, whereas the said cheques have been presented for collection in the year 2010, but the complaint discloses that the cheques were issued in the year 2010. Further, these issues are to be appreciated by the trial court. This Court cannot conduct an enquiry or trial over these issues to quash the complaint by invoking the provisions under Section 482 Cr.P.C. Accordingly, the Criminal Petition is dismissed. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed. _________________ RAJA ELANGO,J Date:24.08.2011. Gk. THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7464 of 2011 Date: 24.08.2011 Gk.