THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.9418 of 2009 Date: 11.11.2009 Between: Sri Lakshmi Srinivasa Constructions Company and another. ..Petitioners and M/s. Baskara Sai Filling Station and another. ..Respondents. THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.9418 of 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners, Sri Lakshmi Srinivasa Constructions Company and its Managing Partner – Meduri Srinivasa Rao, accused, seeking to quash the proceedings against them in C.C.No.468 of 2009 pending on the file of the Court of II Additional Judicial First Class Magistrate, Tanuku, West Godavari District, registered for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881. 2. Heard. 3. Though the petitioners are raising a question of law that the complaint does not contain the date of service of notice, the fact remains that the complainant’s evidence was already completed and the case is at the stage of defence evidence. In case there was no prima facie case against the petitioners, the pleas taken before this Court ought to have been taken before the trial Court at the first instance even before the evidence commenced. The fact that these pleas are taken at this belated stage by filing the present petition would only show that the intention of the petitioners is to delay the disposal of the case. As such, there are no merits in the petition. However, the petitioners can take all these pleas before the trial Court. 4. In the circumstances, the Criminal Petition is dismissed. __________________ P. SWAROOP REDDY, J 11th November, 2009 GHN