THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.302 OF 2011 DATED 22nd MARCH, 2011. BETWEEN : J.Srinivasa Rao .. Petitioner-accused and The State of A.P. & another ..Respondents THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.302 OF 2011 ORDER: Petitioner-accused approaches this Court with a prayer to quash the proceedings in C.C.No.298 of 2010 on the file of the XIII Metropolitan Magistrate’s Court, Cyberabad at L.B.Nagar, for the offence under Section 138 of Negotiable Instruments Act. Heard. Learned counsel for the petitioner contends that the cheque was issued earlier to the transaction. Hence, there cannot be any prosecution against the accused for the offence under Section 138 of Negotiable Instruments Act. This Court is of the view that the contention raised by the petitioner before this Court can be raised before the trial Court and it is for the trial Court to decide the same basing on the material available on record. Hence, this Court is not inclined to interfere with the trial at this stage. Therefore, the Criminal Petition is dismissed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ___________________ RAJA ELANGO, J 22nd March, 2011 sur