THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8774 OF 2011 ORDER: The petitioner filed the present Criminal Petition under Section 482 of Cr.P.C. with a prayer to quash the proceedings initiated against him in C.C. No. 656 of 2006 on the file of the III Additional Chief Metropolitan Magistrate at Vijayawada, for the offence punishable under Section 138 of the Negotiable Instruments Act. The main contention raised by the learned counsel for the petitioner is that a promissory note was issued in the name of Naidu Satyanarayana, who is representing the complainant firm, M/s. Vijaya Krishna Engineering Enterprises and the said promissory note was also filed along with the complaint; whereas the complaint is filed on the basis of a cheque issued in the name of M/s. Vijaya Krishna Engineering Enterprises and hence, the present complaint is not maintainable. This Court perused the entire records and heard the arguments. It is stated in the promissory note that the respondent- accused herein has promised to pay either to the holder of the promissory note or to the person concerned or directed by the person concerned. Accordingly, a cheque was issued in the name of the company, M/s. Vijaya Krishna Engineering Enterprises, Vijayawada and when the said cheque was presented, it was returned on the ground of insufficiency of funds. Thereafter, the complainant presented a complaint, basing on which, a case was registered in C.C. No. 656 of 2006. There is nothing wrong in the complaint given by the complainant herein. Hence, this Court is not inclined to interfere with the trial of the case. However, considering the nature of the allegations made against the petitioner, the presence of the petitioner before the trial Court is dispensed with, except on the dates on which the learned Magistrate insists for the same and the petitioner shall be properly represented by a counsel. ________________________ JUSTICE RAJA ELANGO Dated : 22.09.2011 pnb