THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4230 OF 2011 ORDER: Petitioner/Accused approached this Court with a prayer to quash the proceedings initiated against him in C.C.No.736 of 2010 on the file of the Additional Judicial First Class Magistrate, Anantapur, wherein he is facing trial for the offence punishable under Section 138 of Negotiable Instruments Act. Learned counsel for the petitioner submitted that the Court below erred in registering the present crime, that the cause of action arose on different dates, that if the petitioner has not repaid the amount of Rs.30,000/- borrowed on 23.07.2008 from the complainant, the question of the petitioner again borrowing an amount of Rs.50,000/- from the complainant on 30.11.2009 does not arise and that the ingredients of the alleged offences are not at all attracted to the case of the petitioner, thus, prayed to quash the proceedings against the petitioner. Perused the entire material placed on record. This Court is of the view that the contentions raised by the learned counsel for the petitioner herein are all disputed facts that can be raised at the time of trial and they cannot be considered as reasonable grounds so as to interfere with the trial of the present case. Hence, the criminal petition is devoid of merits. Accordingly, the Criminal Petition is dismissed. However, considering the nature of allegations wherein the question of identity of the accused before the trial Court does not arise, the presence of the petitioner before the trial Court is dispensed with except on the dates the learned trial Judge insists for the same and the petitioner shall be properly represented by his counsel. Miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ___________________ JUSTICE RAJA ELANGO Dated : 21.11.2011 v v