THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.5989 OF 2009 Dated : 16.12.2009 Between : K.Manohar Reddy ….. Petitioner/Accused a n d 1) Anil Kumar Agarwal 2) The State of A.P. ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.5989 OF 2009 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.261 of 2008 on the file of XX Additional Chief Metropolitan Magistrate, Hyderabad, for the offence punishable under Section 138 of N.I.Act. 2) Heard. 3) Initially, the private complaint filed by the complainant against the petitioner is numbered as C.C.No.2170 of 2005 and later it was transferred to another Court and numbered as present C.C. Thus, admittedly, this case is of the year 2005 and the petition seeking to quash the proceedings is filed in the year 2009. Hence, without going into merits of the case, this petition is liable to be dismissed as in case there is no prima facie material against the petitioner, he ought to have approached this Court at the initial stage itself and the petitioner might have filed this petition in order to delay the disposal of main case. 4) Therefore, the criminal petition is dismissed. However, the petitioner can take all the pleas available to him under law before the Trial Court. ______________________ P.SWAROOP REDDY, J 16th December, 2009 SUR