HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.9201 of 2013 Date: 30-7-2014 Between Padavalasa Thirumala Rao … Petitioner/ Accused and The State of A.P., Through SHO, Dwarakanagar PS, Visakhapatnam, Rep. by the P.P., High Court of A.P., Hyderabad … Respondent Yedla Vasudeva Rao … Respondent/
De facto Complainant
HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.9201 of 2013 Order:
This petition was filed by the accused in C.C.No.444 of 2012 on the file of the I Additional Chief Metropolitan Magistrate, Visakhapatnam seeking for the quashment of the same.
2. The 2nd respondent is the de facto complainant. His complaint was registered as C.C.No.444 of 2012 by the Trial Court. It was alleged that the petitioner herein, who is the accused, committed the offences under Sections 138 and 142 of the Negotiable Instruments Act, 1881.
3. The learned counsel for the petitioner submitted that the petitioner is not guilty of the offences levelled against him 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.444 of 2012 and dispose of the same on merits. During the pendency of C.C.No.444 of 2012, the presence of the petitioner before the Trial Court deserves to be dispensed with.
5. Accordingly, this criminal petition is disposed of. The learned I Additional Chief Metropolitan Magistrate, Visakhapatnam is requested to proceed with C.C.No.444 of 2012. During the pendency of C.C.No.444 of 2012, the petitioner/accused need not appear before the Trial Court. His 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.9201 of 2013 30th July, 2014. (Ak)