IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.9728 OF 2009 Between: Gopal Gurgar, S/o. Pukharam Gurjar ……Petitioner – accused AND The State of A.P., Rep. by the Public Prosecutor, High Court of A.P., Hyderabad & another .....Respondents HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.9728 OF 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner Gopal Gurgar, accused, seeking to quash the proceedings against him in C.C. No.263 of 2008 on the file of XII Additional Chief Metropolitan Magistrate, Hyderabad, filed by the complainant Mahaveerchand Jain, respondent No.2 herein, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 2. Heard. 3. The C.C. is of 2008, trial is in progress and there is no dispute about the petitioner signing the cheque in dispute. 4. The contention of the learned counsel for the petitioner is that the cheque was given as security and there was no payment of cash through that cheque and the same is admitted in some other proceedings. 5. As the signature of the petitioner on the cheque in dispute is admitted by him, the other questions raised are questions of fact, which can be decided during trial and the trial is at advanced stage. Such being the case, there are absolutely no grounds to quash the impugned proceedings. 6. Therefore, the Criminal Petition is dismissed at the admission stage itself. 7. The petitioner is at liberty to raise all the defences available to him during trial. ____________________ P. SWAROOP REDDY, J November 20, 2009. PV