Duddukuri Saraladevi , Keerthi v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.No.6099 of 2016

ORDER

This petition under Section 482 Cr.P.C. is filed by the petitioner/accused seeking to quash the proceedings in C.C.No.431 of 2015 on the file of Junior Civil Judge at Macherla, registered for the offences punishable under Section 138 and 142 of Negotiable Instructions Act, 1881, against her.

2. It is alleged in the complaint that the petitioner borrowed a sum of Rs.3 lakhs from the complainant on 02.02.2014 as hand loan and when the complainant demanded for return of the amount, she issued a cheque on 13.04.2015 for Rs.3 lakhs in favour of the complainant. When the complainant presented the said cheque in the Bank, the same was dishonoured due to insufficiency of funds. Hence, after following due procedure, the complainant filed the present complaint against the petitioner/accused.

3. Heard and perused the material on record.

4. Since the matter arising out of financial transactions, it has to be decided after full fledged trial and therefore, this Court is not inclined to interfere with the impugned proceedings. At this stage, learned counsel for the petitioner confined his argument to the extent that the presence of the petitioner/accused before the trial Court may be dispensed with. In view of the same, the presence of the petitioner/accused before the trial Court is dispensed with except on the dates whenever her presence is insisted by the trial Court and she shall be represented by her counsel.

5. With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

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RAJA ELANGO, J 25th April, 2016 sj