THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.5093 of 2009 Dated : 09.11.2009 Between : Thota Raghunadha Reddy ….. Petitioner/A.2 a n d 1) N.V.S.N.Prasad 2) The State of A.P. ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.5093 OF 2009 ORDER : This criminal petition under Section 482 Cr.P.C. is filed by the petitioner/A.2 seeking to quash proceedings against him in C.C.No.698 of 2004 on the file of the II Additional Judicial First Class Magistrate, Nellore, for the offence punishable under Sections 138 and 142 of Negotiable Instruments Act. 2) Heard. 3) The calendar case is of the year 2004 and the petition for quashing the proceedings is filed in the year 2009. As such, without going into merits of the case, this petition is liable to be dismissed as in case there is no prima facie case against the petitioner, he ought to have approached this Court for quashing the proceedings at the initial stage itself. 4) Accordingly, the criminal petition is dismissed and the petitioner can take all the defences available to him before the trial Court. However, the appearance of the petitioner is dispensed with before the trial Court during trial and he shall attend the trial Court at the time of framing charges, examination under Section 313 Cr.P.C. and pronouncement of judgment. ______________________ P.SWAROOP REDDY, J 9th November, 2009 SUR