THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2785 of 2011 ORDER: Petitioner approached this Court with a prayer to quash the proceedings initiated against him in STC.No.11 of 2010 on the file of the Judicial Magistrate of First Class, Palamaner, Chittoor District, wherein the petitioner is facing trial for the offence punishable under Section 138 of the Negotiable Instruments Act. The main contention raised by the learned counsel for the petitioner is that the petitioner issued the cheque for different purpose, but the defacto-complainant misused the said cheque and filed the present false complaint against the petitioner. On perusing the entire records placed before this Court and also the grounds raised in this petition, this Court is of the view that this is the matter to be tried by the trial Court. Hence, this Court is not inclined to interfere with the trial, at this stage. This criminal petition is, accordingly, dismissed. In any event, considering 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 on the dates the learned trial Magistrate insists for his presence and the petitioner shall be properly represented by his counsel. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ____________________ JUSTICE RAJA ELANGO 29.03.2011 v v