Sri. Balaji Traders, v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4409 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioner/accused seeking to quash the proceedings in C.C.No.255 of 2015 on the file of the Judicial First Class Magistrate, Bodhan, Nizamabad District.

2. Heard and perused the material available on record.

3. The offence alleged against the petitioner is punishable under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881.

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

5. After arguing for sometime, learned counsel for the petitioner while not pressing for the main prayer, confined his arguments only to the extent of dispensing with the presence of the petitioner 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 the petitioner before the trial Court is dispensed with except on the dates on which the learned Magistrate insists for its appearance. The petitioner shall be properly represented through its 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

30.3.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.4409 OF 2016 Date: 30.3.2016 AMD