THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.7081 of 2009 Dated : 04.02.2010 Between : M.Chandra Sekhar Goud ….. Petitioner-Accused a n d The State of A.P. & another ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.7081 OF 2009 ORDER : This criminal petition under Section 482 of Cr.P.C. is filed by the petitioner-accused seeking to quash the proceedings in C.C.No.410 of 2009 on the file of XIX Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, for the offence punishable under Section 138 N.I. Act. 2) Heard. 3) The contention of the learned counsel for the petitioner is that the petitioner issued a blank cheque in connection with certain transactions in favour of the second respondent-de facto complainant and by misusing the same present case is foisted against him and that there is no legally enforceable debt. 4) Admittedly, when the petitioner admits his signature on the subject cheque, the burden lies on him to prove that there was no legally enforceable debt. The contentions of the petitioner are with regard to disputed questions of fact, which can be decided only during the course of trial. As such, there is absolutely no justification in quashing the proceedings against the petitioner at this stage. 5) Therefore, the criminal petition is dismissed. ______________________ P.SWAROOP REDDY, J 4th February, 2010 SUR