THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9644 of 2010 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings initiated against him in C.C.No.1575 of 2009 on the file of the Court of the First Additional Chief Metropolitan Magistrate at Vijayawada, wherein he is arrayed as the sole accused and facing trial for the offence punishable under Section 138 of the Negotiable Instruments Act. The main contention raised by the learned counsel for the petitioner to quash the C.C., is that the petitioner is not the account holder of the account mentioned by the complainant. Learned counsel also submitted that even in the reply notice, the petitioner denied the issuance of the disputed cheque to the 1st respondent. Learned counsel for the respondents submitted that the grounds raised by the petitioner herein can be raised before the trial Court and even the petitioner can call for the records from the concerned Bank to substantiate his claim before the trial Court. In view of the aforesaid submissions, this Court is of the view that the mere submissions of the learned counsel for the petitioner cannot be taken cognizance by this Court unless otherwise some material is placed before this Court to ascertain whether the account as mentioned by the complainant in his complaint stands in the name of the petitioner or not. Hence, the relief sought for by the petitioner in this petition cannot be granted at this stage and the criminal petition is liable to be dismissed. This criminal petition is accordingly dismissed. In any event, the petitioner is at liberty to call for the records from the concerned Bank to substantiate his claim that the account mentioned in the complaint does not stand in his name. ____________________ JUSTICE RAJA ELANGO 15.03.2011 v v