THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.7362 OF 2008 ORDER: This criminal petition is filed under Section 482 Cr.P.C. by one S.K.Abdul Azeez - petitioner – accused seeking to quash the proceedings in S.T.C.No.318 of 2007 on the file of the IV Additional Judicial Magistrate of First Class, Chittoor. 2. Heard both sides. 3. Petitioner seeks quashing of proceedings only on the ground that notice contemplated under Section 138 of the Negotiable Instruments Act was not served on him. The contention of the learned counsel for the respondent is that the notice was sent to the address of the petitioner and the same was not claimed. The contention of the learned counsel for the petitioner is that the residential address of the petitioner as shown in the complaint is different from what is claimed by the respondent and shown in the papers attached to his counter, which contains zerox copy of a visiting card allegedly of the petitioner, which the present petitioner disputes. 4. Whether the address given in the petition is correct or the address claimed by the respondent is correct, is the question of fact that can be decided at the time of trial and it is not a case for quashing the proceedings and the petition is liable to be dismissed. 5. Accordingly, the Criminal Petition is dismissed. However, petitioner can take all the pleas raised herein, before the trial Court. ___________________ P. SWAROOP REDDY, J. 21st January 2010, Rns.