HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.887 of 2011 ORDER: The petitioner approaches this Court with a prayer to quash C.C.No.301 of 2005 on the file of the II Addl. Chief Metropolitan Magistrate, Hyderabad, whereby he is tried for an offence under Section 138 of the Negotiable Instruments Act. Learned counsel for the petitioner has mainly contended that the petitioner is not the drawer of the alleged cheques as well as he is not an account holder of the said cheques and on coming to know from the drawee bank that the petitioner is not having account to the alleged cheques, to rectify its mistake the complainant 1st respondent herein filed another complaint against the petitioner and two others for the offences under Sections 409, 419, 420 r/w 34 IPC. On the other hand, learned counsel for the 1st respondent submitted that trial in the case is over and the case is posted for 313 Cr.P.C. examination of the petitioner and warrants are also pending against him. In view of the above, if an order is passed in the criminal petition, it will affect the examination of the petitioner under Section 313 Cr.P.C. likely to be concluded since the trial was over. Hence, this court is of the view that the criminal petition is not maintainable at this stage and, accordingly, the Criminal Petition is dismissed. However, considering the submission of the learned counsel and in the facts and circumstances of the case, the warrants pending against the petitioner are recalled and the petitioner is hereby directed to appear before the trial Court on the next date of hearing. Further, the learned counsel for the petitioner is at liberty to raise all the contentions before the trial Court at the time of arguments. Miscellaneous petitions, if any, filed shall stand closed. __________________ RAJA ELANGO, J 22nd March, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.887 of 2011 (Dismissed) 22nd March, 2011 CBS