THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4739 OF 2009 Dated 13-10-2011 Between: M/s. Sri Lakshmi Venkateswara Marketing Agency Pvt. Ltd., represented by its Director, A.Sanjeev Prakash. ..Petitioner. And: The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad. … Respondent. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4739 OF 2009 ORDER: This Criminal petition is filed seeking to quash the F.I.R. 164 of 2008 on the file of the learned Judicial Magistrate of 1st Class Jadcherla, Mehaboobnagar District. Petitioner herein is the accused. Basing on the complaint, lodged by the authorities of South Central Railways, the Police registered the case in Cr.No.164 of 2008 under Section 420 I.P.C. and 138 of Negotiable Instruments Act. Admittedly, the petitioner issued two cheques bearing No.399554 and 399555 of Union Bank of India, Jadcherla for Rs.13,92,289/- and Rs.8,49,553/-, respectively, towards the freight charges of Rs.22,41,842/- and both cheques were bounced on 5.11.2007. Following the usual procedure, notice was issued and the complaint was filed. The only contention of the petitioner is that he requested for waiver of demurrage charges and the correspondence reveals that the petitioner is due of Rs.1,31,425/- to the railway authorities. The points raised by the petitioner cannot be curtailed in these proceedings. The question as to whether the petitioner has committed the offences alleged against him is true or not, has to be adjudicated by the trial Court after a full-fledged trial but not at this stage of proceedings. In this view of the matter, I do not see any reason to quash the proceedings. Accordingly, this Criminal Petition is dismissed. ____________________ B. CHANDRA KUMAR, J. Date: 13-10-2011 Dvs THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4739 OF 2009 Dated 13-10-2011