THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION NO.5843 OF 2008 Date: 24th March, 2011 Between: Jai Maakali Poultry Products Private Limited, Tanuku, West Godavari District and another …..Petitioners And Sri Laxmi Tulasi Agro Paper (P) Limited, Aswaraopeta, rep. by its Sales Assistant (Office), and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION NO.5843 OF 2008 ORDER: 1. This Criminal Petition is filed to quash proceedings in C.C.No.1731 of 2008 on the fie of the Court of the VI Additional Judicial Magistrate of First Class, Rajahmundry, East Godavari District. 2. The petitioners are the accused and the 1st respondent is the complainant. For convenience, I refer them as arrayed in the calender case from now afterwards. 3. The brief facts of the case are as follows: A complaint was filed on the ground that the 2nd petitioner advanced a blank cheque bearing No.339351, dated 25.9.2006, towards security to the 1st respondent for Rs.1,54,488/- in respect of equally due amount relating to supply of graft paper. When the respondent No.1 presented the cheque before the U.T.I. Bank Limited, Rajahmundry for encashment, the same was dishonoured. Hence, the complaint was filed to punish the accused under Section 138 of the N.I. Act. 4. It is the claim of the petitioners that the 1st respondent presented the cheque without their knowledge and information and having come to know about the dishonour, they purchased a Demand Draft on 26-10-2006 and sent to the 1st respondent and the 1st respondent encashed the Demand Draft on 28-10-2006 (copy of the Demand Draft, dated 26-10-2006, is presented by the learned Counsel for the petitioners) and hence they did not commit the offence. 5. It is the contention of learned Counsel for the 1st respondent that the said Demand Draft was with regards to different transactions and not with regard to the transaction in question and the petitioners filed this petition only for the purpose of prolonging the matter, after having successfully prolonged the matter before the trial Court. 6. The question is as to whether the said cheque was issued in favour of the 1st respondent for the transaction in question now or for a different transaction. It is purely a question of fact, which cannot be decided now in view of the rival contentions made and without any admission. 7. Therefore, I do not find any merits in the petition and accordingly, the Criminal Petition is dismissed. _____________________________________ JUSTICE G.KRISHNA MOHAN REDDY 24th March, 2011 Tjmr THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION NO.5843 OF 2008 DATE: 24th March, 2011 TJMR