THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.1844 OF 2009 Date: 16.11.2011 Between: Mahaveer Prasad Sharma …..Petitioner And The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.1844 OF 2009 ORDER: Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioner, learned Additional Public Prosecutor and also learned counsel for the second respondent. 2. The petitioner herein is the accused No.2 in C.C.No.90 of 2008 on the file of the Court of I Additional Judicial First Class Magistrate, Tenali, Guntur District (trial court). He filed this petition under Section 482 of Code of Criminal Procedure, 1973 for quashing the aforesaid case against him. The offence alleged against him is one punishable under Section 420 of Indian Penal Code, 1860. 3. A perusal of the allegations in the charge-sheet would show that this petitioner in connection with certain business transactions issued seven post-dated cheques for various amounts and out of them, three were dishonoured and criminal cases have been filed in respect of those three cheques. The present complaint relates to the offence of cheating alleged to have been committed by this petitioner along with other accused in the case in connection with the business transactions. A perusal of the allegations in the charge-sheet filed by the police would show that they do disclose the offence of cheating. Whether the allegations are true or not becomes disputed question of fact in a case like this and therefore that cannot be gone into in this petition. Accordingly, the relief for quashing the F.I.R. is rejected. 4. Learned counsel for the petitioner made a request for dispensing with the presence of the petitioner before the trial court for every date of hearing. I do not propose to pass any order here and it shall be open for the petitioner to make an application for that relief before the trial court and as and when it is made the trial court may dispose of the same in accordance with law. 5. Accordingly, this criminal petition is dismissed. ___________________________ JUSTICE N.RAVI SHANKAR 16th November, 2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.1844 OF 2009 DATE: 16.11.2011