THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No. 9169 OF 2010. O R D E R : This Criminal Petition is filed under section 482 Cr.P.C., seeking to quash the proceedings in CC.No. 23 of 2009 on the file of the Court of Judicial Magistrate of First Class, Kaikalur, Krishna district. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the State. The second respondent filed a complaint against the petitioner under section 138 of the Negotiable Instruments Act alleging that the petitioner herein borrowed a sum of Rs.7,50,000/- for his business and family expenses and executed a pronote agreeing to repay the same with interest @ 12% per annum. Further on repeated demands, he did not pay the amount but issued a cheque bearing No. 01046231 dated 21-3-2008 for a sum of Rs.7,69,000/-, which was subsequently dishonoured when presented for collection on the ground of “insufficient funds”. Subsequently after issuing notice, which is required under section 138 of the Negotiable Instruments Act and upon receiving a reply notice dated 19-11-2008 to the effect that the second respondent’s son who worked as clerk with the petitioner at the relevant time had stolen the cheque and he forged the signature of the petitioner on the cheque in question the second respondent filed the complaint. The complaint is sought to be quashed on the ground that the cheque is forged, which fact according to me has to be established only by adducing evidence before the trial court. Even by summoning the records and examining them, it is not possible for this Court to arrive at a conclusion, whether the signature on the cheque is forged or genuine? As such, no case is made out to quash the proceedings in CC.No. 23 of 2009 on the file of the Court of Judicial Magistrate of First Class, Kaikalur, Krishna district. The Criminal Petition is accordingly dismissed at the stage of admission. JUSTICE R.KANTHA RAO 17/09/2010 I s L THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRL.PETITION No. 9169 OF 2010 17-09-2010 I s L