THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1414 of 2011 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings against him in C.C.No.968 of 2009 on the file of the I Additional Chief Metropolitan Magistrate, Visakhapatnam, whereby he is facing charge for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. Heard both sides. 3. It is seen from the record that after due investigation, police filed charge sheet. Since there are prima facie allegations against the petitioner in the charge sheet, this Court is not inclined to quash the proceedings at this stage. 4. In any event, taking into consideration that the allegations against the petitioner are punishable under Section 138 of the Negotiable Instruments Act only, where the question of identity of the accused does not arise, this Court is of the view that his presence before the trial Court can be dispensed with. Hence, the presence of the petitioners before the court below is hereby dispensed with except the dates on which the learned Magistrate insists for his appearance and he shall be properly represented by his counsel. 5. With the above observation, the Criminal Petition is dismissed. 6 . The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 14th February 2011, Rns.