HON'BLE SRI JUSTICE R. SUBHASH REDDY CRIMINAL PETITION No.2092 of 2008 Date : 16.11.2011 Between : Katamreddy Babi Reddy. …..Petitioner And M/s.Shri Ram City Union Finance Limited, Nellore, rep. by its Senior Office Assistant/GPA & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY CRIMINAL PETITION No.2092 of 2008 ORDER : This petition is filed for quashing the proceedings in C.C.No.232 of 2005 on the file of the learned II Additional Judicial First Class Magistrate, Nellore. In the aforesaid case, the 1st respondent-Finance Company is the complainant. In the complaint, it is stated that it is a Company involved in the business of financial services to general public for their necessities and needs, and the petitioner/accused availed loan from the complainant for purchase of consumer durables as per the terms and conditions of agreement executed by him. It is stated that for the purpose of repaying the loan amount, he has issued three cheques bearing Nos.214757, 214758 and 214759 for an amount of Rs.2307/- each. In the complaint, it is alleged that when the said cheques were presented for recovery of loan amount from the petitioner/accused, they were dishonored with an endorsement “Insufficient funds”. It is stated that in view of the said dishonor, petitioner has committed an offence punishable under Sections 138 and 142 of the Negotiable Instruments Act. Based on the complaint of the 1st respondent, the aforesaid C.C. is registered. In this criminal petition, the only ground argued by the learned counsel for petitioner is that with regard to recovery of the amount due from the petitioner, a suit is filed in O.S.No.601 of 2006, which is decreed by judgment and decree, dated 15th December 2006, granting instalments for payment of loan amount at the rate of Rs.2,000/- per month. Merely because the suit is decreed, that is no ground for quashing the proceedings initiated under Sections 138 and 142 of the Negotiable Instruments Act. During the course of arguments, it is also submitted by the leaned counsel for the 1st respondent/ complainant that even the instalments granted as per the judgment of the Civil Court, are not being paid by the petitioner. For the aforesaid reasons, I do not find any ground for quashing of the proceedings as prayed for. The criminal petition is devoid of merit and it is accordingly dismissed. ______________________ R. SUBHASH REDDY, J 16th November 2011 ajr