Shaik Mohammed Imitiaz v. Sri Syed Rizwan Ali

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3181 of 2016 ORDER:

This Criminal Petition is filed by the petitioners-accused Nos.1 & 2 seeking to quash the proceedings against them in CC No.1 of 2015 on the file of the Metropolitan Sessions Judge, Nampally. The petitioners are alleged to have committed the offences punishable under Sections 406 and 420 IPC and 5 of the A.P. Protection of Depositors of financial Establishments Act. It is alleged that the de facto complainant invested an amount of Rs.10,00,000/- in the business of the petitioners on an agreement on condition that they shall pay back the money to him on monthly basis. Thereafter, the petitioners paid only Rs.1,73,333/- but, failed to pay the remaining amount. On repeated demands, they issued two cheques in favour of the de facto complainant for an amount of Rs.8,00,000/-, which were bounced when deposited by the de facto complainant.

Considering the facts and circumstances of the case and the allegations made against the petitioners, this Court is not inclined to interfere with the proceedings against the petitioners in the above CC. At this stage, the learned Counsel for the petitioners prayed for dispensing with the presence of the petitioners before the trial Court. In view of the above submission, the presence of the petitioners before the trial Court is dispensed with except on the dates on which the trial Judge insists for their presence. The petitioners are directed to be represented through a Counsel before the trial Court on all hearing dates.

Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending, if any, shall stand closed. _______________ RAJA ELANGO, J March 11, 2016.

KTL

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3181of 2016 11.3.2016 KTL