HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.6166 of 2014 Date: 30-7-2014 Between Padala Hemalatha … Petitioner/ Accused and Pachigulla Lakshmi … Respondent/
De facto Complainant
The State, Rep. by Public Prosecutor, High Court, Hyderabad … Respondent HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.6166 of 2014 Order:
This petition was filed by the accused in C.C.No.154 of 2014 on the file of the Special Magistrate-III, Visakhapatnam seeking for the quashment of the same.
2. The 1st respondent is the de facto complainant. Her complaint was registered as C.C.No.154 of 2014 by the Trial Court. It was alleged that the petitioner herein, who is the accused, committed the offence under Section 138 of the Negotiable Instruments Act, 1881.
3. The learned counsel for the petitioner submitted that the petitioner is not guilty of the offence levelled against her and that the case deserves to be quashed so far as the petitioner is concerned.
4. I therefore consider that it would be appropriate for the Trial Court to proceed with C.C.No.154 of 2014 and dispose of the same on merits. During the pendency of C.C.No.154 of 2014, the presence of the petitioner before the Trial Court deserves to be dispensed with.
5. Accordingly, this criminal petition is disposed of. The learned Special Magistrate-III, Visakhapatnam is requested to proceed with C.C.No.154 of 2014. During the pendency of C.C.No.154 of 2014, the petitioner/ accused need not appear before the Trial Court.
Her presence before the Trial Court thus is dispensed with. However, if the Trial Court considers it necessary for the petitioner herein to be present before the Court on any date of the hearing, the Court may issue such a direction for the presence of the petitioner before the Trial Court. The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
30th July, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.6166 of 2014 30th July, 2014. (Ak)