M.Srinivasa Raju v. Padavala Vijaya Satyanarayana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3977 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.197 of 2015 on the file of the Principal Junior Civil Judge, Bhimavaram, arising out of offences under Sections 138-A and 142 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 petitioners can be decided only after due trial. The contentions raised by the learned counsel for the petitioner are to be tried by the Court below and hence, this Court is not inclined to interfere with the proceedings against the petitioner.

At this stage, learned counsel for the petitioner submits that the Court below issued Non Bailable Warrants (NBWs) against the petitioner and as such, prays this Court to recall NBWs. The petitioner is directed to appear before the Court below and file an application for recalling NBWs issued against him on or before 20.04.2016, and on filing of such application, the Court below is directed to recall the NBWs issued against the petitioner on the same day on condition of his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with one surety for the like sum to the satisfaction of the said Magistrate. Further, the petitioner is directed to appear 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 23.03.2016 pln