Ainavalli Veerabhadra Rao v. The State Of A.P.

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4859 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.320 of 2015 on the file of the VI Additional Chief Metropolitan Magistrate at Vijayawada, Krishna District.

2. Heard and perused the material available on record.

3. The offences alleged against the petitioner are punishable under Sections 138 and 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 his appearance. The petitioner shall be properly represented through his 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 7.4.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4859 OF 2016

Date:7.4.2016 AMD