THE HONOURABLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION No.3216 of 2011 ORDER: Petitioner is the accused in C.C.No.439 of 2009 on the file of the Court of the Special Munsif Magistrate (Excise), Ongole. The said case was earlier instituted as C.C.No.817 of 2006 on the file of the Court of the II Additional Munsif Magistrate, Ongole and on transfer to the above Excise Court it was renumbered as C.C.No.439 of 2009. He filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C) to quash the proceedings against him in the said criminal case. 2. The offence alleged is one under Section 138 of the Negotiable Instruments Act, 1881 (for short Act) i.e. a cheque bouncing offence. The plea of the petitioner is that the complainant in the said case who is the second respondent herein is none else than his father-in-law and in fact there is no subsisting liability at all and that the cheque in question was given in some other transaction. The allegations made in the complaint do disclose an offence punishable under Section 138 of the Act. The plea of the petitioner is that the case is a false one. The petitioner’s counsel also raised several contentions relating to the conduct and character of the complainant which according to him would probablise that the cheque in question was not given towards discharge of any subsisting liability. All these aspects have to be decided on evidence and therefore there is no scope at all for this Court to interfere under Section 482 Cr.P.C. 3. The Criminal Petition is accordingly dismissed. The petitioner is at liberty to make an application for dispensing with his presence before the learned Magistrate. On such application being made, the learned Magistrate may pass appropriate orders having regard to the age of the petitioner and the other difficulties expressed by him. _______________________ N.RAVI SHANKAR, J. 13th April 2011 CVRK