IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5046 of 2009 DATE: 17.02.2011 Between: M.U.Shanker Rao …… Petitioner And The State of A.P. rep. by Public Prosecutor And another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5046 of 2009 ORDER : The petitioner is accused of offence punishable under Section 138 of the Negotiable Instruments Act in C.C. No.104 of 2009 on the file of Judicial Magistrate of the First Class, Andole at Jogipet, Medak District. It is alleged that the accused obtained hand loan of Rs.25,000/- from the 2nd respondent/complainant and issued the cheque in question for Rs.25,000/- and that it was dishonoured for want of sufficient funds. It is contended that the 2nd respondent is an advocate and that the 2nd respondent was engaged by the petitioner as his advocate in C.C. No.763 of 2008 on the file of XI Additional Chief Metropolitan Magistrate, Secunderabad and that the petitioner gave the cheque in question towards fees of Rs.25,000/- and that subsequently the petitioner paid cash of Rs.25,000/- to the 2nd respondent and obtained a receipt dated 26.07.2008 and that the 2nd respondent failed to return the cheque stating that it was misplaced. Thus, according to the petitioner, the 2nd respondent after having received his fees of Rs.25,000/-, filed false case against the petitioner on the basis of a cheque which was stated to have been misplaced. The question whether the cheque was issued towards fees payable by the petitioner or towards hand loan obtained by the petitioner, is one of fact. This Court in this petition filed under Section 482 Cr.P.C cannot go into and decide the said question of fact. It is a matter which has to be decided by the trial Court after both the parties leading evidence. I do not find any valid or legal reasons to quash the proceedings in this case. 2) In the result, the Criminal Petition is dismissed. _______________________________ SAMUDRALA GOVINDARAJULU, J February 17, 2011 ksh