Sree Agasteswara Paper And Board Mills Pvt. Ltd v. Sri Vinayaka Agencies

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.5896 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioners/ accused in C.C.No.126 of 2013 on the file of Additional Judicial Magistrate of First Class at Alamuru, East Godavari District, arising out of private complaint filed under Section 138 read with Section 142 of the Negotiable Instruments Act. Heard and perused the material.

Offence alleged against the petitioner is punishable under Sections 138 read with Section 142 of the Negotiable Instruments Act. Since the material on record prima facie reveals allegations against the petitioners, this Court is not inclined to interfere with the trial at this stage.

In any event, considering the nature of allegations wherein the question of identity of the petitioners/accused does not arise, the presence of the petitioners before the trial Court is dispensed with, except on the dates when their presence is specifically required for the purpose of examination under Section 251 Cr.P.C., examination under Section 313 Cr.P.C. and also on the date of pronouncement of judgment and the petitioners shall be properly represented by their counsel before the trial Court. Accordingly, the criminal petition is disposed of.

Consequently, miscellaneous petitions, if any, pending, shall stand closed.

________________ RAJA ELANGO, J Date: 22-04-2016

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