THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2802 of 2011 ORDER: Petitioner approached this Court with a prayer to quash the proceedings initiated against him in C.C.No.54 of 2011 on the file of Special Judicial First Class Magistrate for Excise, Guntur, wherein the petitioner is facing trial for the offence punishable under Section 420 IPC and Section 138 read with Section 142 of the Negotiable Instruments Act. The main contention raised by the learned counsel for the petitioner is that there was no legally enforceable debt between the petitioner and the 2nd respondent/defacto-complainant. He relied on agreement of sale, which was entered into between the petitioner’s wife and the 2nd respondent herein. Learned counsel further submitted that the disputed cheque in this case was issued by the petitioner on behalf of his wife, but the complainant misused the same and filed the present complaint. On perusal of the record and hearing the aforesaid submissions of the learned counsel, this Court is of the view that the points raised herein 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. This criminal petition is, accordingly, dismissed. In any event, since the identity of the petitioner does not arise in this matter, the presence of the petitioner before the trial Court is dispensed with except on the dates the learned Magistrate insists for his presence and the petitioner shall be properly represented by his counsel. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. ____________________ JUSTICE RAJA ELANGO 29.03.2011 v v