IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.871 of 2009 DATE:06.08.2010 Between: Myaka Laxman …… Petitioner And: Eleti Adi Reddy and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.871 of 2009 ORDER : The petitioner is accused of offences punishable under Section 420 I.P.C and Section 138 of the Negotiable Instruments Act (in short, the Act) in C.C. No.2100 of 2008 on the file of Additional Judicial Magistrate of the First Class, Jagtial. It is alleged that the petitioner obtained Rs.1,10,000/- from the 1st respondent/defacto-complainant by falsely promising to send the 1st respondent to Iraq and to secure job to him at Iraq and that the petitioner neither sent the 1st respondent to Iraq nor returned the amount and that on 01.07.2006 the petitioner gave cheque for Rs.50,000/- in favour of the 1st respondent promising to repay the balance amount of Rs.60,000/- thereafter and that when the cheque was presented for encashment, it was dishonoured. 2) The only contention raised by the petitioner’s counsel in this petition is that the police cannot initiate proceedings under Section 138 of the Act as Section 142(a) of the Act is a bar therefor. As per section 142(a) of the Act, no Court shall take cognizance of any offence punishable under Section 138 of the Act except upon a complaint in writing made by the payee or the holder in due course of the cheque as the case may be. Therefore, the police cannot take up, register, investigate and file final report before the Magistrate relating to an offence punishable under Section 138 of the Act. 3) In the result, the Criminal Petition is partly allowed quashing proceedings in C.C. No.2100 of 2008 on the file of Additional Judicial Magistrate of the First Class, Jagtial in so far as the offence under Section 138 of the Negotiable Instruments Act is concerned; and the petition is partly dismissed in respect of the offence under Section 420 I.P.C. The lower Court will be at liberty to proceed with the case to the extent of the offence under Section 420 I.P.C. _______________________________ SAMUDRALA GOVINDARAJULU, J August 6, 2010 KSH