THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2780 of 2011 ORDER: Petitioner approached this Court with a prayer to quash the proceedings initiated against him in C.C.No.47 of 2008 on the file of the Judicial Magistrate of First Class, Bhadrachalam, Khammam District, wherein the petitioner is facing trial for the offences punishable under Sections 408 and 420 of IPC. The allegation against the petitioner is that he misused the cash and demand drafts given to him by the defacto-complainant for payment of salaries to the workers and coolies of West Coast Paper Mills Limited. It is further alleged that the petitioner has fraudulently claimed himself as the partner of M/s. Laxmi Engineering Company and encashed the three demand drafts obtained by him from West Coast Papers Mills Limited, Dandel, and used that amount for his own purpose, as such, he committed criminal breach of trust. Learned counsel for the petitioner submitted that the petitioner is, in fact, the partner of M/s. Laxmi Engineering Company. He further submitted that the demand draft given to the petitioner by the defacto- complainant stands in the name of petitioner’s wife and this clearly shows the intention of the defacto-complainant to implicate the petitioner herein. On perusal of the record and the complaint of the defacto- complaint, this Court is of the view that the contentions raised by the learned counsel for the petitioner are all disputed facts that can be raised at the time of trial. As such, this Court is not inclined to interfere with the trial at this stage. Hence, this criminal petition is dismissed. In any event, taking into consideration the facts and circumstances of the case, the presence of the petitioner before the trial Court is dispensed with except on the dates the learned trial Magistrate insists for his presence and the petitioner shall be properly represented by his counsel. Miscellaneous petitions filed in these Criminal Petitions, if any, shall stand closed. ____________________ JUSTICE RAJA ELANGO 29.03.2011 v v