HON’BLE SRI JUSTICE R.KANTHA RAO CRL. P. NO.5334 of 2010 DATE: 21.09.2010 BETWEEN: Yalla Venkata Lakshmi .. Petitioner And State of A.P. and another ` .. Respondents HON’BLE SRI JUSTICE R.KANTHA RAO CRL. P. NO.5334 of 2010 ORDER: This criminal petition is filed under Section 482 Cr.P.C seeking to quash the proceedings in C.C.No.333 of 2009 o the file of the VI Additional Judicial first Class Magistrate, Rajahmundry. I have heard the learned counsel appearing for the petitioner, the learned counsel appearing for the second respondent and the learned Additional Public Prosecutor representing for the State. A complaint was filed by the second respondent against the petitioner under Section 138 of the Negotiable Instruments Act alleging that the husband of the petitioner borrowed an amount of Rs.2 lakhs for family necessities and agreed to repay the same and in partial discharge of the amount, the petitioner issued a cheque for Rs.2 lakhs and when it was presented for collection, it was dishonoured on the ground of insufficient funds. The said complaint is sought to be quashed on the ground that the petitioner is uneducated women, she never issued any cheque and that the contents are not filled by her and the complainant and the second respondent have misused the cheque handed over to her husband for withdrawing the money from the bank. Whether the petitioner is an illiterate and she in fact issued the alleged cheque and the contents were filled up by the second respondent etc. questions can only be decided after adducing evidence before the trial Court. It is not possible for this Court that while acting under Section 482 Cr.P.C. without examining those questions of fact and basing on the mere allegations above mentioned the complaint, cannot be quashed. Accordingly, the Criminal Petition is dismissed. ___________________ R.KANTHA RAO,J Date: 21.09.2010 kvrm HON’BLE SRI JUSTICE R.KANTHA RAO CRL. P. NO.5334 of 2010 DATE: 21.09.2010