Kothapalli Saritha v. Peddapuram Chandraiah

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5132 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in C.C.No.185 of 2016 on the file of the Additional Judicial First Class Magistrate at Karimnagar, arising out of offence under Section 138 of the Negotiable Instruments Act. Heard and perused the material available on record. This Court is of the view that truth or otherwise of the allegations made against the petitioner can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner. Considering the facts and circumstances and also as the question of identity of the petitioner does not arise, the presence of the petitioner is dispensed with before the Court below, except the dates on which the Court below insists for her appearance.

The petitioner shall be represented through the counsel before the Court below on all hearing dates. The Criminal Petition is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 13.04.