THE HON’BLE SRI JUSTICE HARINATH. N CRIMINAL PETITION No.5214 of 2024 ORDER : 1. The learned counsel for the petitioner submits that the petitioner is arraigned as accused in STC.No.867 on the file of Principal Junior Civil Judge, Tirupati for the alleged offence under Section 138 read with 142 of NI Act. 2. The learned counsel for the petitioner submits that the petitioner borrowed a sum of Rs.6,50,000/- was paid by the 1st respondent as a hand loan and that towards discharge of hand loan the subject cheque was issued as the same was dishonoured, the 1st respondent has filed complaint under Section 138 read with 142 of NI Act. 3. Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent and the learned Assistant Public Prosecutor for the 2nd respondent. 4. The learned counsel for the petitioner submits that beyond Rs.20,000/- there could not be any transfer of any amount in the form of cash and as such the very foundation of complaint under CRLP.No.5214 of 2024 Section 138 of NI Act is week and as such deserves to be quashed. 5. The only point raised by the learned counsel for the petitioner is with regard to the enforceability of debt. This has to be dealt by the learned Magistrate while the matter is taken up for trial. On this ground this Court finds no grounds to interfere in this case and accordingly the criminal petition is dismissed. 6. The learned counsel for the petitioner submits that the petitioner is a practicing advocate, and requested to dispense with the presence petitioner. 7. Considering the request of the learned counsel appearing for the petitioner, the appearance of the petitioner in STC.No.867 on the file of Principal Junior Civil Judge, Tirupati, is dispensed with except on dates when the petitioner presence is required, and as and when directed by the learned Magistrate, for the purpose of the trial. 8. With these observations, the criminal petition is dismissed. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt.03.04.2025 KGM CRLP.No.5214 of 2024 251 THE HON’BLE SRI JUSTICE HARINATH. N CRIMINAL PETITION No.5214 of 2024 Dated 03.04.2025 KGM