A REKHA BAI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Sri Nagendra Reddy, the learned Counsel representing the petitioner, the learned Additional Public Prosecutor representing R.1 and Sri L.Harish, the learned Counsel representing R.2.

(2.) Sri Nagendra Reddy, the learned Counsel representing the petitioner would maintain that even in the light of the specific averment made that the cheque was issued for collateral guarantee as per the allegation made in the complaint since it could not attract the test of legally enforceable debt, the proceedings C.C.No.68/2008 on the file of the Judicial First Class Magistrate, Parigi, Ranga Reddy District, to be quashed. The Counsel also explained the scope and ambit of Section 138 and 142 of the Negotiable Instruments Act in this regard.

(3.) The learned Additional Public Prosecutor would submit that predominantly this being a question of fact, this aspect may have to be gone into at the appropriate stage and this is not a fit matter to be interfered with under Section 482 of the Criminal Procedure Code (hereinafter in short referred to as 'the Code' for the purpose of convenience).