Smt.P.Nirmala v. Sri.M.Sreedhar

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.6415 of 2015 ORDER :

This criminal petition is filed by the petitioner/accused under Section 482 Cr.P.C to quash the proceedings in C.C. No.687 of 2013 on the file of XXIV Special Magistrate, Erramanzil, Hyderabad registered for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2) Heard the learned counsel for the petitioners and the 2nd respondent-State represented by the Public Prosecutor before admission and before ordering notice to the 1st respondent and perused the material on record.

3) As the facts fall short for this Court to admit the application for quashing under Section 482 Cr.P.C, the same is disposed of giving liberty to the petitioner to file an application under Section 258 Cr.P.C, if there is any material, before the trial Court; needless to say any application filed under Section 205 Cr.P.C to represent through special vakalat holder since the accused is an aged woman of 65 years, the learned Magistrate, after hearing, shall permit with necessary conditions including for answering under Section 251 Cr.P.C but for Section 313 Cr.P.C examination.

4) With the above observations, the criminal petition is disposed of. Miscellaneous petitions, if any pending, shall

stand closed.

___________________________ Dr. B. SIVA SANKARA RAO, J 21.07.2015 ksh