THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8413 OF 2011 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings initiated against it in C.C. No. 531 of 2010 on the file of the IV Metropolitan Magistrate, Cyberabad. Heard. The petitioner is arrayed as an accused for the offence under Section 138 of the Negotiable Instruments Act. Learned counsel for the petitioner raised the following points for consideration. 1. The petitioner has never issued any cheque as alleged. 2. The petitioner and the respondents are not known to each other. 3. The present complaint is filed in Ibrahimpatnam whereas the transaction took place at Visakhapatnam. As far as the first point as to whether the petitioner has issued the cheque or not is concerned, the same has to be decided by the trial Court during the course of trial. So far as the second point is concerned, it is seen from the documents filed by the learned counsel for the petitioner before this Court that on 26.8.2009, the petitioner has issued a letter to the complainant- Narasimha, which clearly indicates that the petitioner and the complainant are known to each other. Even assuming for a moment that the petitioner and the complainant are not known to each other, the proceedings cannot be quashed on that ground. In so far as the third point is concerned, on a perusal of the complaint it is seen that the complainant deposited the cheque in Andhra Bank, Ibrahimpatnam branch and the said bank returned the cheque on the ground of insufficiency of funds. Hence, the jurisdiction invoked by the complainant is in accordance with law. Hence, this Court is not inclined to interfere with the trial and quash the proceedings at this stage. The Criminal Petition is accordingly dismissed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. _______________________ JUSTICE RAJA ELANGO Date : 14.09.2011 pnb