THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1201 of 2011 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.256 of 2010 on the file of the III Additional Judicial Magistrate of First Class, Kakinada, East Godavari District, arising out of a private complaint registered for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. Heard both sides. 3. Learned counsel for the petitioner submitted that the petitioner is disputing the signatures in the instrument, which is subject matter of the complaint and also he submitted that the complainant is a person, who is with ill motive filed the cases against his mother and other brothers. 4. This Court is of the view that these are all the matters to be interfered by the trial Court at the time of trial only and the learned counsel for the petitioner is at liberty to raise all the points before the trial Court and this Court is not inclined to stay the proceedings at this stage. 5. In any event, the offence is under Section 138 of the NI Act, where the question of identity of the accused does not arise, more particularly, the complainant and the accused are related to each other, the presence of the petitioner before the trial Court is dispensed with except the dates on which the learned Magistrate insists for his appearance and he shall be properly represented through his counsel. 6. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 9th February 2011, Rns.