HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.1584 OF 2001 DATE:15-07-2010 BETWEEN M/s.Alfa & Alfa Comp. Tech Ltd. Rep. by its Chairman Mr.K.Gopi, With its regd. Office at Plot No.61/A, Vahini Nagar, Sikh Road, Secunderabad & Another. …Petitioners AND M/s.Apple Credit Corporation Ltd., A limited company incorporated under The Companies Act, 1956, having Its Head Office at Apple House 64, Cathedral Road, Chennai and having Its regional office at Oxford Plaxe, 9-1-129/1/102, S.D. Road, Secunderabad, rep. by its Executive (Legal), and authorized person P.Srinivas & Another. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.1584 OF 2001 ORDER: This Criminal Petition under Section 482 of Code of Criminal Procedure has been filed to quash the proceedings in C.C.No.380 of 2000 pending on the file of X Metropolitan Magistrate, Secunderabad on the ground that the cheques in question which were dishonoured were not issued towards discharge of the debt on the dates mentioned in the complaint. It is also stated that the complainant-first respondent herein filed a suit in O.S.No.133 of 1999 for recovery of Rs.23,17,391/- as the loan advanced for purchase of Mercedes Benz Car and pending the suit, it has also filed I.A.No.1893 of 1999 for appointment of commissioner to seize the car and that the said car was seized and the complainant was permitted to dispose of the car and therefore, initiation of the impugned proceedings for the dishonour of the cheques is nothing but abuse of process of law. Whether the cheques that were dishonoured were issued towards the payment of the installments due or not and whether the amount due under the cheques has already been satisfied by sale of the car in the civil proceedings are all matters of enquiry in the C.C. Therefore, it is not desirable to quash the impugned proceedings at the initial stage. The Criminal Petition is accordingly dismissed. _______________ A. GOPAL REDDY, J. JULY 15, 2010 Tsr.