M/S Fab India v. Seva Industries

THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.12525 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner/accused seeking to quash the complaint in C.C.No.846 of 2015 on the file of the III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam City, for the offences under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881. Heard the learned counsel for the petitioner/accused and the learned Public Prosecutor and perused the material available on record.

On a perusal of the charge sheet, 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.

However, the learned trial Court is directed to dispose of C.C.No.846 of 2015 as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of the order.

Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending in this petition, if any, shall

stand closed.

_______________________ JUSTICE M.S.K.JAISWAL 30.08.2016 skmr