IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD MONDAY THE TWENTYIETH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NO. 5810 OF 2010 Between: Smt. Ramakala … Petitioner V/s The State of A.P. Represented by its Public Prosecutor … Respondents- complnt. & Anr. Counsel for the Petitioner : Sri M. Neelakantam Counsel for the Respondents : Addl.Public Prosecutor THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NO. 5810 OF 2010 O R D E R : This Criminal Petition is filed under section 482 Cr.P.C., seeking to quash all the proceedings in CC.No.664 of 2008 on the file of the Court of Judicial Magistrate of First Class, Mahboobnagar. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing the State. The proceedings in CC.No. 664 of 2008, which was initiated under section 138 of Negotiable Instruments Act, are sought to be quashed on the ground that the second respondent filed a suit after filing CC.No. 664 of 2008 and the complainant cannot invoke both the jurisdictions. I am not able to accept the submissions made by the learned counsel for the petitioner. Even if there is a complaint filed under section 138 of the Negotiable Instruments Act for dishonour of cheque and non-payment of the cheque amount, still a suit can be filed basing on the promissory note, for recovery of the amount due under pronote. Both the remedies are open to the second respondent. The Criminal Petition is therefore, devoid of merit and accordingly the same is dismissed at the stage of admission. JUSTICE R.KANTHA RAO 20/09/2010 I s L THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NO. 5810 OF 2010 20-09-2010 I s L