THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5549 of 2010 ORDER: Petitioner approaches this Court with a prayer to quash the proceecdings against him in C.C.No.273 of 2008 on the file of the Additional Munsif Magistrate, Chirala, whereby he is facing charge for the offence punishable under Section 138 of the Negotiable Instruments Act. Heard both sides. The main contention raised by the learned counsel for the petitioner is that even according to the complainant the cheque in question even at the time of deposit of the same, the petitioner instructed to stop the payment and it is stated that the petitioner already instructed the bank concerned to stop the payment. But the learned counsel is not in a position to inform the Court that at the time of giving such instructions whether sufficient fund is available in the bank or not and further submitted that a theft has taken place in the shop of the petitioner on 24.03.2008 and on the very next day, i.e., 25.03.2008 he informed the same to his banker, whereas it is stated in the complaint that the cheque was issued on 04.04.2008. Hence, the complainant wants to take advantage of the same. This Court is of the view that it is a matter to be decided at the time of trial. The innocence of the petitioner herein is not a ground to quash the complaint. Hence, there are no grounds in this petition and the same is liable to be dismissed. In any event, as the offence arises out of the Negotiable Instruments Act, where the question of identity of the accused does not arise, the presence of the petitioner before the Court below is dispensed with except the dates on which the learned Magistrate insists for his appearance and he shall be properly represented through his counsel. With the above observation, the Criminal Petition is dismissed. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 28th March 2011, Rns.