IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH MONDAY THE FOURTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO.6549 OF 2012 Between:
D.Achyuta Reddy … Petitioner/Accused V/s.
The State of Andhra Pradesh Represented by Public Prosecutor High Court of AP Hyderabad … Respondents/complainant & Anr.
Counsel for Petitioner : Sri Raja Gopallavan Tayi Counsel for Respondents : Public Prosecutor for R-1 Sri Vedula Srinivas for R-2 The court made the following: [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No. 6549 OF 2012 O R D E R:
This Criminal Petition is filed to quash proceedings in CC.No. 250 of 2008 on the file of IX Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, for alleged offences under section 420, and 506 IPC.
2. Heard both sides.
3. Advocate for petitioner mainly contended that on the self- same allegations, a private complaint is filed and petitioner is convicted for an offence under section 138 of Negotiable Instruments Act, 1881 [Act XXVI of 1881] (as amended by Act No.55 of 2002). Now after a lapse of five months on the complaint of son of complainant in 138 of Negotiable Instruments Act case, this FIR in Crime No. 380 of 2004 is registered for offences under section 420 and 506 IPC and subsequently charge sheet is filed and the same is numbered as CC.No. 250 of 2008 on the file of IX Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.
4. On the other hand, Sri Vedula Srinivas, Advocate for second respondent submitted that offence under section 420 IPC is different from offence under section 138 of Negotiable Instruments Act and the petitioner has cheated many customers including the defacto complainant besides that there is allegation of threatening the complainant and for that also police after investigation found that there is prima facie material and filed charge sheet and these aspects have to be considered only during trial. He further submitted that even quash petition is filed four years after taking cognizance of offence and because of this quash petition trial before the court below is stalled. He submitted that the petitioner is in jail and undergoing sentence for the conviction awarded in Negotiable Instruments Act cases and his Appeals and Revisions in respect of some of other customers are dismissed, and so far as this complainant appeal is dismissed and Revision is pending before this court and there are no grounds to quash the proceedings.
5. I have perused the material papers filed along with this criminal petition.
6. As rightly pointed by Advocate for second respondent, the allegations in the complaint or in the charge sheet are not only in respect of section 138 of Negotiable Instruments Act but as seen from the material, the allegations against petitioner is that he threatened the complainant to withdraw 138 Negotiable Instruments Act cases and police after due investigation found that there is element of cheating and also breach of trust besides threatening. These aspects have to be considered only during trial and they cannot be decided on the basis of oral submissions.
7. Considering the facts and circumstances of the case and the nature of offence, I feel without going into the merits directing the court below to expedite trial and dispose of CC.No. 250 of 2008 within stipulated time giving liberty to the petitioner to urge all these grounds before trial court, this petition can be disposed of.
8. For the above reasons, this Criminal Petition is disposed of directing the court below to expedite trial of CC.No. 250 of 2008 and dispose of the same within one year from the date of receipt of copy of this order and petitioner is at liberty to urge all these grounds before trial court and that trial court shall consider them without being influenced by any of the observations made in this order or dismissal of this criminal petition.
9. As a sequel, miscellaneous petition if any, pending shall stand closed.
JUSTICE S. RAVI KUMAR .
04/08/2014
I s L.
HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 6549 OF 2012 Circulation No. 53 Date: 04/08/2014 Court Master : I s L Computer No. 43