Smt.Uma Maheshwari, Hyd v. Sri Thatikonda Raju, Secunderabad And Another

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENry THREE PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION NO: l03€ OF 2015 Between:

Smt. Uma Maheshwari, D/o. Sri. A. K.C. Natarajan, Wo. Sr.A.K.Venkata Prasad, Occ House Wife, R/o. C-1 11, NE Extension, Sth Cross, Fort Station Road, Thillai Nagar, TrichyS20018, Tamil Nadu State.

Temporarily came down to Hyderabad (f.S.) ... Petitioner/Accused AND

1. Sri Thatikonda Raju, Secunderabad, S/o. Late. Sri Chittaraiah, Occ Advocate and Business, R/o. H.No. 1-21-331, Bank Colony, Venkatapuram, Secunderabad-T.S

2. The State of Telangana, Rep by its Public Prosecutor, High Court at Hyderabad.

...RespondenUComplainants Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in CC.No. 382 of 2015 on the file of the XVll Additional Chief Metropolitan Magistrate Hyderabad at Nampally. l.A. NO: 1 OF 2015(CRLPMP. NO: 10364 oF 2015) Petition under Section 482 of CI.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to pleased stay of all further proceedings including the appearance of the Petitioner/accused in CC.No. 382ot2015 on the file of XVll Additional Chief Metropolitan Magistrate Hyderabad at Nampally. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N. Mukund Reddy, Advocate for the Petitioner and of Ch. Venu Kumar, Advocate, for the Respondent No.1 and the Assistant Public Prosecutor on behalf of the Respondent No. 2.

The Court made the following: ORDER il

THE HONOURABLE SRI WSTICE E. V. VENUGOPAL cRIMINAL PETITION No. 10343 0F 2015 ORDE R:

This criminal petition is filed seeking to quash the proceedings in c.c'No.3g2 0f 2075 0n the fire of XVII Additional Chief Metropolital Magistrate, Hyderabad at Nampaly. 2.

Heard the learned counsel for the petitioner and the learned Assistant Public prosecutor for respondent state. 3.

During the course of proceedings learned counsel for the petitioner would submit that the allegations made in the complaint filed under section 2O0 Cr.p.C. for the offence under section 138 of Negotiable Instruments Act is that the defacto complainant had stated that he had given a hand loan on 7.5.2O1O for an amount of Rs.S,OO,OOO/_ to the accused, who is the petitioner herein and accordingly the petitioner has issued an undated cheque No. 417477 drawn on State Bank of India M.J.Road, Hyderabad.

4.

Learned counsel while drawing the attention of the Court would submit that it is apparent on record that the citizenship of the petitioner is not in India and she had acquired New Zea_land I -1

-l citizenship and is living in abroad and the averments made in the complaint are not believable and do not stand for legal scrutiny and hence seeks to allow the criminal petition. 5.

Learned Assistant Public Prosecutor would submit that unless and until all the aspects are examined by the trial Court the interference of this Court is not warranted and hence seeks to dismiss the petition.

6. This Court is of the view that the trial court upon examining all these aspects would have concluded the trial. However,. the petitioner is at liberty to work out alternative remedies as available under law. So far as the appearance of the petitioner is concerned the same is dispensed with unless and until it is required by the trial Court.

7.

With these observations this Criminal petition is disposed of.

Miscellaneous Petitions, pending if any, shall stand closed. SD/- K. VENKA:AH ASSISTANT REGISTRAR ,/TRUE COPYII SECT N OFFICER To, .1. The XVll Additional chief Metropolitan Magistrate Hyderabad at Nampally

2. One CC to Sri N. Mukund Reddy, Advocate tQPt]Cl

3. One CC to Sri CH. Venu Kumar, Advocate [OPUC] ;.2g; CG6 ihe Public Prosecutor, High Court for the State of Telangana at Hyderabad TOPUCI

5. Two CD CoPies etpKNK

I t HIGH COURT DATED: 15t12t2023

ORDER

HE STA 14:

CRLP.No.10343 of 2015 t)oo 6( 2 3 ilAn m24 ,,z {'

* c CRIMINAL PETITION IS DISPOSED OF @ cY\il,)