THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11191 of 2011 ORDER: Petitioner approached this Court with a prayer to quash the proceedings initiated against him in C.C.No.127 of 2011 on the file of VI Special Metropolitan Magistrate Court at N.T.R.Nagar, Cyberabad, Ranga Reddy District, wherein he is arrayed as an accused for the offences punishable under Sections 138 and 142 of Negotiable Instruments Act. Heard. Learned counsel for the petitioner mainly contended that the present complaint is filed at a premature stage. He submitted that the complaint should have been filed after 06.08.2009, but the complainant/2nd respondent herein filed it on 06.08.2009 i.e., within 15 days from the date of receipt of the notice by the petitioner. In support of his contention that the date of receipt of notice should be excluded in calculating the period of 15 days from the date of receipt of notice till filing of the complaint, he relied on number of judgments rendered by the Supreme Court. The facts of the judgments relied on by the learned counsel for the petitioner are not similar to the facts of the present case. Having perused the entire material placed on record and the present complaint filed before the competent Court, this Court is of the view that the 2nd respondent herein filed the present complaint after 15th day of receipt of notice by the petitioner. Hence, this Court is not inclined to interfere with the trial of the case. Accordingly, the Criminal Petition is dismissed. However, considering the nature of the allegations wherein the question of identity of the accused by the trial Court does not arise in this case, the presence of the petitioner before the trial Court is dispensed with except on the dates the learned trial Judge insists for the same and the petitioner shall be properly represented by his counsel. Miscellaneous petitions, if any, filed in this Criminal Petition shall stand closed. ____________________ JUSTICE RAJA ELANGO Dated : 11.11.2011 v v