THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4456 of 2010 ORDER: Petitioner – accused approaches this Court with a prayer to quash the proceedings against him in C.C.No.476 of 2009 on the file of the II Additional Judicial Magistrate of First Class, Nellore, whereby he is facing charge for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. Heard. 3. Learned counsel for the petitioner submitted that the present petition is not at all maintainable as the dispute between the petitioner and the complainant is purely civil in nature. 4. This Court is not inclined to quash the proceedings on the contentions raised by the learned counsel for the petitioner. It is a matter to be raised at the time of trial. In any event, as the offence alleged is only punishable under section 138 of the NI Act, wherein the question of identity of the accused does not arise, the presence of the petitioner before the trial Court is dispensed with except the dates on which the learned Magistrate insists for the same and he shall properly be represented through his counsel. 5. 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. 15th March 2011, Rns.