IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SIXTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT: HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.8592 OF 2009 Between: Godavarthi Bhaskara Rao, S/o. Ramakoteswara Rao …… Petitioner AND M/s. Sundaram Finance Ltd., Rep. by its Branch Manager A. Bhaskara Krishna & another .....Respondents HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.8592 OF 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner Godavarthi Bhaskara Rao – accused seeking to quash the proceedings against him in C.C. No.783 of 2008 on the file of V Additional Munsif Magistrate, Guntur filed for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 2. Heard. 3. There is no dispute about the dishonoured cheque in dispute being issued by the petitioner. 4. The contention of the petitioner that there is no proper service of notice cannot be accepted at this stage, as it requires questions of facts to be proved. 5. The transaction in dispute is with regard to purchase of a vehicle and the petitioner claims that he is paying subsequent installments regularly. 6. In the circumstances, the parties may try for a settlement, but it is not a case for quashing the proceedings. Therefore, it is directed that the trial Court shall refer the matter to the Legal Services Authority for settlement before taking up trial. 7. With the above directions, the Criminal Petition is dismissed at the stage of admission itself. ______________________ P. SWAROOP REDDY, J October 26, 2009. PV