THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7578 of 2011 ORDER: Petitioner approaches this Court by invoking the provisions under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.79 of 2011 on the file of the XX Additional Chief Metropolitan Magistrate, Hyderabad, where in he is arrayed as an accused for the offence under Section 138 of the Negotiable Instruments Act. 2. Heard both sides. 3. The main grievance of the learned counsel for the petitioner is that the notice sent by the complainant was returned with postal endorsement ‘left’, which clearly goes to show that the notice was issued to the place, where the petitioner was not residing and admittedly there are civil and criminal disputes between the complainant and the petitioner as landlord and tenant and the cheque in question is time barred and there is no legally enforceable debt. 4. In the circumstances, this Court is of the view that the contentions raised by the petitioner are to be decided at the time of trial only and this Court is not inclined to interfere with the trial at the stage. In any event, taking into consideration the nature of allegations, 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 trial Judge insists for the same and he shall be properly represented through his counsel. 5. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _____________________ JUSTICE RAJA ELANGO 26th August 2011, Rns.