THE HON'BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.4958 OF 2011 ORDER: 1 Petitioners are accused in C.C.No.741 of 2010 on the file of Court of II Additional Chief Metropolitan Magistrate, Hyderabad. It is a complaint brought by the first Respondent herein for an offence punishable under section 138 of Negotiable Instruments Act (For short ‘the Act’). The cheque amount in question is Rs.18 lakhs and odd. The plea of second Petitioner who is said to be the Managing Director of the first Petitioner company is that the amount was already paid way back in March 2010 and suppressing the same the first Respondent herein mischievously brought the complaint. 2 The learned counsel for the petitioners invited my attention to the copies of various bank documents to show that the amount has been paid. 3 True, the Petitioners might have paid the amount. But, it may be noted whether to accept the Petitioners’ case or not is again a question, which depends on the evidence and that exercise cannot be undertaken by this court here. In those circumstances, it follows that the Petition cannot be entertained. It may be noted that it is always open for the Petitioners to take their pleas of discharge before the trial court where the case is pending. Accordingly, this petition is dismissed. 4 The learned counsel for the petitioners brought to my notice that the second Petitioner is the Managing Director and she is not in a position to regularly attend the court for every date of hearing as she has got her own problems both personal and official. In the circumstances, the presence of the second Petitioner for every date of hearing is dispensed with before the trial court, and she can be represented by her counsel. So far as the first Petitioner is concerned, it can be represented by any responsible officer, as contemplated under section 305 of Cr.P.C. ------------- 23.06.2011 Kvsn