Sudheer v. P.V. Krishnaiah

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3886 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.47 of 2015 on the file of the XXV Special Magistrate, Hyderabad, arising out of offence under Section 138 of the Negotiable Instruments Act. Heard and perused the material available on record. Learned counsel for the petitioner submits that the petitioner has filed the application under Section 311 CrPC., to issue summons to RTA, Moosarambagh for giving evidence and that the Court below erroneously dismissed the application. He further submits that it is very much necessary to prove the case of the petitioner to issue summons to RTA Officer.

It is evident from the order of the Court below that the case is posted for further evidence of the complainant. The petitioner can raise questions at the time of cross-examination of the complainant with regard to the transaction of the vehicle concerned and if the petitioner is not satisfied with the answers given in the cross-examination, he is at liberty to file fresh application stating the reasons necessitating him for examination of the RTA Officer and on such application being filed, the Court below is directed to pass appropriate orders in accordance with law.

The Criminal Petition is accordingly disposed of. Consequently, the miscellaneous petitions filed in this criminal petition, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 22.03.2016 pln