HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2639 of 2010 ORDER: This criminal petition is filed under Section 482 Cr.P.C. by the petitioner seeking to quash the proceedings in C.C.No.460 of 2009 on the file of the Judicial Magistrate of First Class, Nakrekal, Nalgonda District, arising out of a private complaint filed for the offence punishable under Section 138 of the Negotiable Instruments Act. Heard both sides. Learned counsel for the petitioner submitted that the present instrument in question was issued as a security while the petitioner obtained a loan in the year 2007 and subsequently, the said instrument was filled by the complainant to invoke the jurisdiction of the Negotiable Instruments Act. This Court is of the view that these contentions can be raised at the time of trial only. Hence, this Court is not inclined to grant stay and there are no grounds to entertain this petition. In any event, being it is an offence under Section 138 of the Negotiable Instruments Act, the question of identity of the accused does not arise. Hence, the presence of the petitioner-accused before the trial Court is hereby dispensed with and he shall be represented properly through his counsel. The Criminal Petition is accordingly disposed of. ___________________ JUSTICE RAJA ELANGO Date: 31.01.2011 Rns