Poonam Chand Jain v. Ashwin Kumar Agarwal

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.4075 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioner/ accused in C.C.No.522 of 2015 on the file of IV Special Metropolitan Magistrate at Hyderabad arising out of a private complaint filed under Section 138 read with Section 142 of the Negotiable Instruments Act.

Heard the learned counsel for the petitioner/accused and the learned Public Prosecutor and perused the material on record. The offence alleged against the petitioner is punishable under Section 138 of Negotiable Instruments Act. Admittedly, a private complaint is filed by the first respondent/complainant, alleging dishonour of cheque given towards legally enforceable debt. A reading of complaint reveals some allegations against the petitioner, the truth of which can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.

In any event, considering the nature of allegations wherein the question of identity of the petitioner/accused does not arise, the presence of the petitioner/accused before the trial Court is dispensed with except on the dates of framing of charges and examination under Section 313 Cr.P.C. However, the petitioner/ accused shall be properly represented through her counsel before the trial Court.

With the above direction, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall

stand closed.

_______________ RAJA ELANGO, J Date: 28-03-2016 Ksn