IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE 1ST DAY OF JULY, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.730 of 2008 Between: A.Kirshna And … Petitioner The State of A.P., Rep. By its P.P. and another … Respondents This Court made the following:
HON'BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.730 of 2008 ORDER: -
Petitioner/accused filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), to quash the docket order dated 26.10.2007, passed by the Chief Metropolitan Magistrate, Hyderabad in Crl.M.P.No.2716 of 2007, in C.C.No.331 of 2003, forfeiting his right of sending the document to the expert, as per the orders in Crl.M.P.No.2716 of 2007, for not taking the process and posting the matter for arguments.
Admittedly, the learned Magistrate by order dated 19.07.2005 in Crl.M.P.No.2716 of 2005 restored the right of the accused to send the documents for expert’s opinion, on depositing the requisite fee and sample signatures of the petitioner before 25.07.2005, otherwise the petition will be dismissed. On compliance of the said order, documents were forwarded to the Forensic Science Laboratory as per the docket proceedings dated 23.04.2007 and posted the matter for report on 28.05.2007. Later it underwent several adjournments and the petitioner/accused is directed to summon the documents from the Bank, namely the account opening forms or bank loan application, evidencing the signature to be compared with the signature on the cheque and accordingly, a notice was issued to the Branch Manager, Syndicate Bank, Kachiguda calling for his explanation for not sending the document, on process. A show cause notice was also issued to the Branch Manager by order, dated 07.09.2007, on process. Since the petitioner has not complied the said order by taking process, the impugned order, dated 26.10.2007, came to be passed.
In spite of service of notice on the 2nd respondent/complainant, he has not chosen to put up appearance.
In view of the same, the impugned order passed by the trial Court is set aside and on petitioner depositing the process to take out summons to the Branch Manager, Syndicate Bank, Kachiguda within two weeks from the date of receipt of a copy of this order, the Chief Metropolitan Magistrate, Hyderabad is directed to issue process and proceed with the matter.
Accordingly, the Criminal Petition is allowed.
A.GOPAL REDDY, J 1st July 2010 lmv