Sree Agasteswara Paper And Board Mills Pvt. Ltd v. Pangaluru Babu Rao Ananthpadmanabhan

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6125 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioners/A-1 and A-3 to A-6 seeking to quash the proceedings in C.C.No.491 of 2012 on the file of the Special Magistrate, Alamuru, East Godavari District.

2. Heard and perused the material available on record.

3. The offences alleged against the petitioners are punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881.

4. A reading of the complaint reveals some allegations against the petitioners, truth of which can be ascertained only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

5. After arguing for sometime, learned counsel for the petitioners while not pressing for the main prayer, confined his arguments only to the extent of dispensing with the presence of the petitioners before the trial Court.

6. Considering the facts and circumstances of the case and in view of the submission of the learned counsel, the presence of petitioner Nos.1 to 3 and 5/A-1, A-3, A-4 and A-6 before the trial Court is dispensed with except on the dates on which the learned Magistrate insists for their appearance. However, petitioner No.4/A-5 shall appear before the trial Court on his behalf and on behalf of the other petitioners. The petitioners shall be properly represented through their counsel before the trial Court.

7. Accordingly, the Criminal Petition is disposed of. Miscellaneous

petitions pending, if any, in this Criminal Petition shall stand closed. _________________________ JUSTICE RAJA ELANGO 25.4.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.6125 OF 2016 Date:25.4.2016 AMD