Surampalli Mohan Krishna v. P.Prakasa Rao

1 State of A.P., rep.by its PUblic Proscutor, High Court of A.P., 2 Pathiwada Poornand Venkata Ramana Murthy, S/o. Late P.Prakasa Rao, H.No. 55-14-12/4, APSEB Colony, Seethammadhara , Visakhapatnam .....RESPONDENT(S) Petition under Section ____ of Crl.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased toto quash all the proceedings in CC.No. 2937/2008 on the file of the I ADdl. Chief Metropolitan Magistrate, Visakhapatnam The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr.SRINIVASA SARMA, Advocate for the Petitioner and of the Public Prosecutor, on behalf of the Respondent. The Court made the following: ORDER THE HON’BLE SRI JUSTICE P. SWAROOP REDDY Crl.P.No. 3699 of 2009 O r d e r: Heard learned counsel the petitioner; Sri K.A.Narasimham, learned counsel appearing the second respondent and the learned Additional Public Prosecutor appearing for the State.

The contention of the petitioner is that he has repaid most of the amount borrowed and the cheque which was issued, as security for the amount, was not honoured, on account of stop payment order. The petitioner is due only Rs.50,000.00 to the complainant.

The question whether the petitioner has paid most of the amount borrowed and the cheque was issued only as security are all questions of fact that have to be decided during trial. It is not a case where the proceedings can be quashed. Accordingly the petition is dismissed.

However, the petitioner is permitted to take all pleas raised here, before the trial court. Dated:16---12---2009. *BVS _______________________ P. SWAROOP REDDY, J.