THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4941 of 2011 ORDER Petitioners/A-1 & A-2 approached this Court with a prayer to quash the proceedings initiated against them in C.C.No.243 of 2009 on the file of the IV-Additional Chief Metropolitan Magistrate, Vijayawada. The 1st respondent herein filed the present private complaint before the concerned Court against the petitioners herein for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act. Learned counsel for the petitioners submits that the account bearing No.7006 of S.R.Nagar Branch, Hyderabad, maintained by the 1st petitioner was closed on 19.05.2005 itself due to non-operation of account for a long time, therefore, the question of issuing disputed cheque dated 01.12.2008 does not arise. He further submitted that the 2nd petitioner has never seen the 1st respondent and the 1st respondent would not have lent a sum of Rs.5,00,000/- without taking a promissory note. Learned counsel also submitted that on reading of the entire complaint, there is no material to show that there is a legally enforceable debt, as such, no offence is made out against the petitioner to attract the offence punishable under Section 138 of N.I. Act. On perusal of the record and the complaint of the defacto- complaint, this Court is of the view that the contentions raised by the learned counsel for the petitioners 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. In any event, taking into consideration the facts and circumstances of the case, the presence of the petitioners before the trial Court is dispensed with except on the dates the learned trial Magistrate insists for their presence and the petitioners shall be properly represented by their counsel. The Criminal Petition is, accordingly, disposed of. The Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ____________________ JUSTICE RAJA ELANGO 22.09.2011 v v