THE HON’BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.6958 OF 2023

ORDER

This criminal petition is filed seeking to quash the proceedings against the petitioner in C.C. No.13 of 2018 on the file of XIX Metropolitan Magistrate, Cyberabad at Medchal for the offences punishable under Sections 138 of Negotiable Instruments Act (‘NI Act’ for brevity) read with Section 200 of Code of Criminal Procedure (‘Cr.P.C’ for brevity).

2. Heard Sri V.V.N. Narayana Rao, learned counsel for the petitioner and Sri K.Mohan, learned counsel for respondent No.2.

3. Learned counsel for the petitioner submits that the respondent No.2 filed private complaint for the offence under Section 138 of NI Act before XIX Metropolitan Magistrate, Cyberabad at Medchal, though the petitioner has not committed any offence and there is no legal enforceable debt between the not attract and continuation of proceedings against the petitioner is

clear abuse of process of law.

4. Per contra, Sri K.Mohan, learned counsel for respondent No.2 submits that there are specific allegations made against the petitioner and the cheque issued by the petitioner was dis-

honoured and respondent No.2 after following the mandatory procedure prescribed under the provisions of NI Act filed complaint and there is substantial material before the trial Court to prove that there is legal enforceable debt between the parties and the ingredients under Section 138 of NI Act attracts. Whether the petitioner has committed the offence and whether there is any legal enforceable debt between the parties and the offences under NI Act attracts or not are disputed questions of facts and the same have to be adjudicated during the course of trial and the petitioner is not entitled to seek quash of the proceedings basing on the disputed questions of facts.

5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that respondent No.2 filed C.C.No.13 of 2018 after following the mandatory procedure prescribed under the provisions of NI Act, and the only ground which is raised by the learned counsel for the petitioner is that there is no legal enforceable debt does not attract, which is a disputed question of fact and the same has to be adjudicated during the course of trial.

6. In view of the same, this court is of the considered view that there are no grounds to quash the proceedings while exercising the powers conferred under Section 482 of Cr.P.C or Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS). However, the presence of the petitioner before the trial Court is dispensed with subject to condition that the petitioner shall represent the matter on every date of hearing through her counsel and the petitioner shall appear before the Court whenever her presence is required. If the petitioner failed to do so, the trial Court is entitled to proceed with the matter.

7. Accordingly, the criminal petition is disposed of.

Miscellaneous petitions, if any, pending in the criminal petition shall stand closed.

______________________ J. SREENIVAS RAO, J Date: 28.10.2025 PSW