THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3071 of 2011 ORDER: The petitioners/A-1 & A-2 approached this Court with a prayer to quash the proceedings initiated against them in C.C.No.698 of 2003 on the file of IX Metropolitan Magistrate, City Criminal Court, Nampally, Hyderabad, wherein they are facing trial for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act. Heard. Learned counsel for the petitioners mainly contended that the allegation against A-3 in the case is that he, in the capacity of the Director of A-1 Company, issued the cheque in question on 10.07.2002 to the complainant, but in fact he was not an authorized signatory to the said cheque as he resigned to his job on 03.04.2001 i.e., much prior to issuance of the disputed cheque. So far as A-2 is concerned, learned counsel submitted that he is in no way connected with the alleged offence and that he had no business transactions with the complainant at any point of time. Admittedly, the 2nd petitioner is the Managing Director of A-1 Company. Having perused the entire material and hearing the submissions of the learned counsel for the petitioners, this Court is of the view that the points raised herein by the learned counsel for the petitioners can be raised at the time of trial and the petitioners can rebut the presumption by way of adducing evidence on their behalf and producing relevant documents before the trial Court. Hence, this Court is not inclined to interfere with the trial at this stage. Accordingly, the criminal petition is dismissed. In any event, considering the nature of the allegations wherein the question of identity of the accused before the trial Court does not arise, the presence of the 2nd petitioner/A-2 before the trial Court is dispensed with except on the dates the learned trial Judge insists for his presence and the 2nd petitioner shall be properly represented by his counsel. ____________________ JUSTICE RAJA ELANGO 23.011.2011 v v