V. Padma, v. N. Tenuguthalli

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5467 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-2 seeking to quash the proceedings in C.C.No.445 of 2015 on the file of the Special Magistrate, Cyberabad at Hayathnagar.

2. Heard and perused the material available on record.

3. The offences alleged against the petitioners are punishable under Section 138 of the Negotiable Instruments Act, 1881 and Section 420 I.P.C.

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 the petitioners before the trial Court is dispensed with except on the dates on which the learned Magistrate insists for their appearance. 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 19.4.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.5467 OF 2016 Date: 19.4.2016 AMD