THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11830 of 2011 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings in C.C.No.151 of 2009 on the file of the Additional Judicial Magistrate of the First Class, Ongole, initiated for the offence under Section 138 of the Negotiable Instruments Act. Heard. The learned counsel for the petitioner submitted that the continuation of criminal proceedings against the petitioner is nothing but abuse of process besides the fact that there is no application of ingredients of Section 138 of the N.I.Act as the cheque was issued towards surety; that the petitioner was suffering with ill-health and hence he could not attend the trial court and consequently the trial court has issued Non-bailable warrant and hence he prays to allow the petition. On perusal of the entire material available on record, it is clear that there are some allegations as against the petitioner and hence this is a matter which has to be tried by the trial court and this Court is not inclined to quash the proceedings in the said case at this stage. Accordingly, the Criminal Petition is dismissed. However, considering the facts and circumstances of the case, the petitioner is directed to file an application before the trial court to recall the Non-bailable warrant and on such filing of the application, the trial court is directed to recall the same on the same day itself. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed. _________________ RAJA ELANGO,J Date:23.11.2011. Gk. THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11830 of 2011 Date: 23.11.2011 Gk.