THE HON'BLE SRI JUSTICE B.N.RAO NALLA CRIMINAL PETITION No.9077 OF 2010 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner – accused, Y. Koteswara Rao, seeking to quash the proceedings against him in C.C. No.1232 of 2010 on the file of IV Additional Chief Metropolitan Magistrate, Vijayawada, filed by respondent No.2 – complainant for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. 2. Heard both sides and perused the material available on record. 3. The allegations against the petitioner are that he borrowed an amount of Rs.2,50,000/- from the complainant on 10-01-2007 and executed a promissory note in her favour agreeing to repay the same with interest at 24% per annum. Thereafter, on repeated demands, petitioner issued a cheque bearing No.488971 dated 20-08-2007 for Rs.2,45,000/- drawn on Andhra Bank, Ring Road, Vijayawada, to the complainant towards part payment of the loan. However, when the complainant presented the cheque on 04-02-2008 for encashment, it was dishonorued and returned unpaid vide memo dated 05-02-2008. 4. The case of the petitioner is that while vacating the flat sold by the petitioner, his wife misplaced some of his signed cheques and the complainant, who was staying in the pent house of the same apartment, somehow secured the cheque in question and foisted this case. 5. The defence put forth by the petitioner cannot be enquired into at this stage. In view of the same, no relief can be granted to the petitioner in this petition. 6. Therefore, the Criminal Petition is dismissed. The interim stay earlier granted by this Court shall stand vacated. __________________ B.N. RAO NALLA, J October 20, 2011. PV