THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7137 of 2011 ORDER: This criminal petition is filed under Section 482 Cr.P.C. by the petitioner – Accused seeking to quash the proceedings in C.C.No.8 of 2011 on the file of the II Additional Chief Metropolitan Magistrate, City Criminal Courts, Nampally, Hyderabad, arising out of a private complaint registered for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. Heard both sides. 3. The case of the complainant is that the petitioner obtained personal loan of Rs.50,000/- from their bank repayable in 35 monthly instalments at the rate of Rs.1700/- per month and the petitioner failed to pay the instalments and finally issued a cheque bearing No.611433 dt.31.01.2009 for Rs.62,000/-. When the complainant presented the said cheque, it was dishonored with the reason ‘funds insufficient’. Hence, the complaint under Section 138 of the NI Act. 4. On the other hand, learned counsel for the petitioner- accused submitted that the petitioner gave the said cheque only as security to the loan amount but not for discharging the legally enforceable debt. When the cheque was not issued for discharging of legally enforceable debt the offence is not constituted against the petitioner under Section 138 of the N.I. Act. He further submitted that the 2nd respondent-complainant has to institute a suit for recovery of amount. 5. This Court is of the view that these are all the facts to be decided by the trial Court at the time of trial only and the learned counsel for the petitioner is at liberty to raise all the points before the trial Court and this Court is not inclined to stay the proceedings at this stage. Accordingly, the Criminal Petition is dismissed. In any event, the offence is under Section 138 of the NI Act, where the question of identity of the accused does not arise, the presence of the petitioner before the trial Court is dispensed with except the dates on which the learned Magistrate insists for her appearance and she shall be properly represented through her counsel. 6. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ______________________ JUSTICE RAJA ELANGO 17th August 2011, Rns.