( 1 ) THE petitioner is the second accused in crime No. 86 of 199 on the file of the Sircilla police Station, Karimnagar District. The second respondent herein, which is a finance company lodged a complaint with the police stating that the petitioner along with another person approached the second respondent for a loan of Rs. 1,50,000/ -. Accordingly the loan was granted. Thereafter the money was never paid. In fact the first accused, it appears, issued a cheque towards repayment of loan amount which was dishonured on account of non-availability of funds in the account of the accused. In the circumstances the complaint was lodged alleging the petitioner and the other accused committed an offence under Section 420 read with Section 107 IPC and Section 138 of negotiable Instruments Act. The present petition is filed under Section 482, Cr. P. C. to quash the First Information Report in the above crime.

( 2 ) THE learned Counsel for the petitioner argued that the transaction is purely a civil in nature but the proceedings under criminal law are not called for. On the other hand, the learned Counsel for the respondent relied upon a decision of the Supreme Court reported in Rajesh Bajaj vs. State NCT of Delhi wherein the Supreme Court observed as follows:"it may be that the facts narrated in the present complaint would as well reveal a commercial transaction or money transaction. But that is hardly a reason for holding that the offence of cheating would elude from such a transaction. In fact many a cheatings were committed in the course of commercial and also money transactions. One of the illustrations set out u/s. 415, IPC is worthy of notice now: (f) A intentionally deceives Z into a belief that A means to repay any money that z may lend to him and thereby dishonestly induces Z to lend him money. A not intending to repay it, A cheats".

( 3 ) IN the circumstances of the case and in view of the judgment of the Supreme Court, i see no merit in the petition. Criminal petition is accordingly dismissed.