THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7808 of 2011 ORDER: This criminal petition is filed under Section 482 Cr.P.C. by the petitioner – Accused seeking to quash the proceedings in C.C.No.491 of 2009 on the file of the II Additional Judicial First Class Magistrate, Machilipatnam, arising out of a private complaint registered for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. Heard the learned Additional Public Prosecutor appearing for the state and perused the record. 3. The case of the complainant is that the petitioner borrowed an amount of Rs.75,000/- on 03.02.2008 for the purpose of his business agreeing to repay the same together with interest @ 24% per annum. Again on 21.02.2008, the petitioner borrowed another sum of Rs.75,000/- for business purpose and agreed to pay interest at 24% per annum and also executed two promissory notes on the respective dates. Later, the petitioner did not choose to repay the amounts in spite of the repeated oral demands made by the complainant and issued two cheques bearing Nos.215512 and 215513 for Rs.75,000/- each dated 22.09.2009 and 08.10.2009 respectively drawn on Ing Vysya Bank, Machilipatnam. When the complainant presented the said cheques, they were dishonoured with a reason “funds insufficient”. He informed the same to the petitioner and also issued regd.legal notice on 02.11.2009. But the petitioner did not pay the amounts. Hence, the complaint under Section 138 of the NI Act. 4. When the matter came up for hearing, none appeared for the petitioner and no representation is made. Hence, the Criminal Petition is dismissed. In any event, the offence is under Section 138 of the NI Act, where the question of identity of the accused does not arise, the presence of the petitioner before the trial Court is dispensed with except the dates on which the learned Magistrate insists for his appearance and he shall be properly represented through his counsel. 5. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ______________________ JUSTICE RAJA ELANGO 30th August 2011, Rns.