THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRL.P.NO.1202 OF 2010 ORDER: This application is ﬁled to quash the proceedings in C.C.No.288 of 2008 on the ﬁle of the Court of XI Additional Chief Metropolitan Magistrate, Secunderabad. The complaint was ﬁled for dishonour of the cheques to a tune of Rs.9,74,562/- towards the value of the damages and delayed payment in a commercial transaction between the complainant and accused. The petition is ﬁled essentially questioning the maintainability of the prosecution and also the enforceability and legal liability. Now the point that arises for consideration is:- Whether there are suﬃcient grounds to quash the proceedings? POINT:- The learned counsel for the petitioner contends that the sworn statement of the complainant has not been recorded and consequently the complaint itself is not valid. Even if the statement is not recorded, it is only an irregularity and it cannot be taken as an illegality going to the root of the prosecution. Therefore, the ﬁrst objection raised by the counsel for the petitioner is not sustainable. Secondly, it is the contention of the counsel for the petitioner is that the invoices were for the goods supplied in 2005 and the cheques were said to have been given in 2007 and there is no enforceable liability and consequently the prosecution is not maintainable. In fact, the issuance of cheques is not seriously disputed. They were said to be given towards the security. Therefore, the question as to whether there was any liability to pay the amount as a guarantee or not and as to whether there is any enforceable liability between the complainant and accused is concerned, it can only be decided after taking the evidence of the complainant and assessing the evidence adduced by the complainant. As mater stands, it is not a case where the proceedings are to be quashed as an abuse of process of law. There are absolutely no merits in the petition. Accordingly, the Criminal Petition is dismissed. _______________________ N.R.L. NĀGESWARA RĀO,J 08-12-2011 TSNR