THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.4577 of 2011 ORDER:- Second petitioner is proprietor of the first petitioner concern and they are facing prosecution as A-1 and A-2 in C.C.No.229 of 2010 on the file of the Court of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1882. The petitioners say that they have already paid the cheque amount and nothing is due from them and therefore the prosecution is baseless. They say that payment has been effected through a demand draft. 2. Whether payment has been made or not is a question of fact and this has to be decided only in the trial of the matter or in an enquiry preceding it. It is not possible for this Court to decide the questions of fact in this petition. 3. Accordingly this petition is dismissed at the admission stage. It shall be open for the petitioners to take all their pleas in the trial Court. Further it shall be open for the second petitioner to make an application to dispense with his presence before the trial Court and it shall be disposed of in accordance with law. ______________________ N. RAVI SHANKAR, J 15th June, 2011 CVRK