Ravi Kumar Reddy , Rajeshwar Reddy v. Surendranath,

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No. 3626 OF 2018 ORDER:

This petition is filed under Section 482 of the Code of Criminal Procedure by the petitioner/accused seeking to quash the proceedings against him in C.C.No.118 of 2012 on the file of the Judicial First Class Magistrate at Narayanpet, Mahaboobnagar District. C.C.No.118 of 2012 is reported to be a case under Section 138 of the Negotiable Instruments Act. The prime ground on which the proceedings are sought to be quashed is that the calendar case is time barred. The other allied grounds are also raised.

In the considered view of this Court, the petitioner can raise the contentions before the trial Court inviting Judgment on merits. Therefore, while granting liberty to him to raise all the defence pleas that are legally available to him before the trial Court and the trial Court is directed to pass the Judgment on merits, this criminal petition is disposed of. Consequently, miscellaneous petitions, if any pending, shall stand closed.

_______________________ U.DURGA PRASAD RAO, J 28.03.2018 pln