IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD Dated this the 18th day of April, 2011 Present: The Hon’ble Sri Justice N. Ravi Shankar Crl.P.No. 3395 of 2011 Between: Palle Kesava Rao ..petitioner And The State of AP and another. ..Respondents THE HON’BLE SRI JUSTICE N. RAVI SHANKAR Crl.P.No. 3395 of 2011 Order: Heard the petitioner’s counsel. The petitioner is the accused in C.C.No. 53 of 2011 on the file of the court of Judicial Magistrate of First Class, Prohibition and Excise, Guntur. He filed this petition under section 482 Cr.P.C. for quashing the said case. 2. The case has been registered on the complaint of the second respondent herein for the offence punishable under section 138 of the Negotiable Instruments Act 1881. The petitioner has raised various contentions such as that there was no subsisting liability and further the cheque was also fabricated having regard to the friendship and acquaintance between the parties. All these pleas are in the form of disputed questions of fact, which can be decided only on evidence. It therefore follows that this court cannot under section 482 Cr.P.C. interfere in this matter. Accordingly this petition is dismissed. 3. The petitioner’s counsel submits that the presence of the petitioner may be dispensed with before the trial court. This court cannot make any such order and it is only for the trial court to decide it. It shall however be open for the petitioner to make an application for dispensing with his presence before the trial court and the said court may pass appropriate orders thereon. _____________________ N. RAVI SHANKAR, J. Dated: 18—04—2011. *BVS The Hon’ble Sri Justice N. Ravi Shankar Crl.P.No. 3395 of 2011 18—4-2011