THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 5720 of 2011 ORDER: The present Criminal Petition is filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in C.C.No.48 of 2010 on the file of the I Additional Munsif Magistrate, Narasaraopet. The complaint was filed under Section 138 of Negotiable Instruments Act, 1881 consequent on the dishonour of a cheque issued by the accused to the complainant. As can be seen from the allegations in the complaint, the accused have taken up real estate business and the complainant has entered into an agreement for purchase of the plot with the 1st accused and subsequently the agreement was cancelled and a cheque was issued on 29.09.2009 by the 2nd accused on behalf of the 1st accused returning the amount of Rs.1,00,000/-, which was paid as advance under the agreement. The learned counsel for the petitioners contends that it is a case of civil dispute and there is no enforceable liability and the remedy of the complainant is only to file a civil suit. At this stage, we have to take into consideration only the allegations made in the complaint. As can be seen from the allegations in the complaint, the agreement is said to have been cancelled and towards refund of the money paid by the complainant the cheque is said to have been given, which is supported, evidently, by consideration. Therefore, in view of the above circumstances, at this stage, it is not a case for quashing of the criminal case. The accused-petitioners are at liberty to raise all the pleas with regard to the liability during the trial. Accordingly, the Criminal Petition is dismissed. ________________________ N.R.L. NAGESWARA RAO, J Date: 14-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 5720 of 2011 DATE: 14-07-2011 MR