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High Court for State of TelanganaCRLP/6489/2015disposed of no costs

Shanawaz, v. The State Of Telangana,

2015-07-22B.Siva Sankara Rao3 pages

IN THE HIGH COURT OF JUDICATURE AT

HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH CRIMINAL PETITION No.6489 of 2015 Between :

Shanawaz S/o.Abdul Lateef ... Petitioner AND The State of Telangana, Rep. by its Public Prosecutor and another.

... Respondents DATE OF JUDGMENT PRONOUNCED: 22.07.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO 1.

W h e t h e r Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals?

Yes/No 3.

Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

Yes/No

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.6489 of 2015 ORDER :

This criminal petition is filed by the petitioner/accused under Section 482 Cr.P.C seeking to quash the proceedings in C.C.No.234 of 2013 on the file of the Judicial Magistrate of First Class, Gadwal, Mahabubnagar, which is outcome of a private complaint filed by the 2nd respondent herein for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. Heard the learned counsel for the petitioner as well as the 1st respondent-State represented by the Public Prosecutor, before admission and before ordering any notice to the 2nd respondent and perused the material on record.

3. The material falls short for this Court to admit the petition under Section 482 Cr.P.C. to quash the proceedings in C.C.No.234 of 2013, but for since it is submitted that N.B.Ws. are pending against the petitioner, he is directed to appear before the Court in person and file application under section 70(2) Cr.P.C.. In such event, by intimating his willingness to execute a bond and on that the learned Magistrat shall recall the warrant on the same day by obtaining bond under Sections 88 or 89 Cr.P.C. for

his future due appearance and to face the trial.

4. Accordingly, the criminal petition is disposed of.

5. Miscellaneous petitions pending, if any, shall stand dismissed.

____________________________ Dr. B. SIVA SANKARA RAO, J 22nd July 2015.

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