THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.464 OF 2008 DATED 3rd MARCH, 2011. BETWEEN : JSA Ra Sarma .. Petitioner-accused and 1) G.Kalyana Chakravarthi 2) The State of A.P. .. Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.464 OF 2008 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings in C.C.No.3 of 2008 on the file of the XI Additional Chief Metropolitan Magistrate, City Criminal Courts at Secunderabad. Heard. Offence alleged against the petitioner is punishable under Sections 138 and 142 of Negotiable Instruments Act. The first contention raised by the learned counsel for the petitioner is that the said promissory note is given in connection with the loan availed prior to the issuance of promissory note. The said cheque is given in the year 2007 and it cannot be treated as issued towards discharge of legally enforceable debt. Secondly, the learned counsel contends that the petitioner has not received any notice since it is not addressed to the correct address. This Court is of the view that the points raised by the learned counsel for the petitioner can be raised before the trial Court and the same can be appreciated by the trial Court in accordance with law and this Court by exercising inherent powers under Section 482 Cr.P.C. cannot appreciate the contentions raised by the petitioner’s counsel. Hence, the Criminal Petition is dismissed. In any event, considering the nature of allegations wherein the question of identity of the accused does not arise, the presence of the petitioner before the trial Court is dispensed with except on the dates the learned trial Judge insists for the same. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 03.03.2011 sur