HON'BLE Dr. JUSTICE K.G. SHANKAR
Crl. Petition No.5354 of 2014
Date: 09.06.2014 Between:
K. Vijay Kumar and another. .. Petitioners/
A.2 & A.3 AND The State of Andhra Pradesh, rep.by Public Prosecutor, High Court of A.P., Hyderabad, and another ..
Respondent/ Complainants HON'BLE Dr. JUSTICE K.G.SHANKAR Crl. Petition No.5354 of 2014 ORDER:
The petitioners are A.1 & A.2 in C.C.No.97 of 2014 on the file of the II Additional Junior Civil Judge-cum-XIX Metropolitan Magistrate at Miyapur, Cyberabad. They are allegedly involved in offences under Sections 403, 406, 420 and 426 read with Section 34 of the Indian Penal Code. They allegedly duped the second respondent- Indian Bank.
2. The learned counsel for the petitioners submitted that the Indian Bank took all possible steps such as launching a case against the petitioners in a civil Court and also going to the Debt Recovery Tribunal for recovery of the amount and submitted that there was no intention on the part of the petitioners to commit any of the offences.
3. The charge sheet, however, specifically narrated the details of the offences that are allegedly committed by the petitioners. I consider that it would be appropriate to direct the petitioners to face the trial. However, regarding the regular appearance of the petitioners, I consider it appropriate to dispense with their presence before the trial Court except when necessary.
4. Accordingly, the Criminal Petition is disposed of permitting the trial Court to proceed with the trial of the case subject to the condition that the Court shall not insist upon the personal appearance of the petitioners/ A.2 &
A.3 before the trial Court except when necessary. Miscellaneous Petitions, if any pending in this Criminal Petition, shall stand closed.
Dr. JUSTICE K.G. SHANKAR Date: 09.06.2014 Isn