5. The basic contention of the petitioners is that there was an understanding between the petitioners on the one side and the Corporation on the other side that the petitioners shall pay all dues to the Corporation and that in response to that understanding, the petitioners issued a cheque for Rs.65,000-00 on 02.07.2008. It is their case that the cheque and the additional payment of compound fee of Rs.2,000-00 p exonerated the petitioners from liability with reference to the cheque in the present case and that the present case consequently is misconceived. Sri P.Raja Sekhar, Standing Counsel for the Corporation submitted that the understanding, as alleged by the petitioners, has never been reached between the petitioners on the one side and the Corporation on the other side. He admitted that there was an understanding indeed in respect of other dues from the petitioners and that such an understanding never existed so far as the claim of the present case is concerned. Where the Corporation did not agree that there was an understanding between the petitioners on the one side and the Corporation on the other side, it became a question of fact which can be thrashed out at trial but not in a petition under Section 482 Cr.P.C. The contention of the petitioners consequently cannot be countenanced in this petition.
