Syed Baji v. The State Of Andhra Pradesh,

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6589 OF 2017 ORDER:

Heard learned counsel for the petitioner/accused and also learned Public Prosecutor, representing 1st respondent - State, before ordering notice to 2nd respondent/defacto complainant of C.C.No.426 of 2016, which is for the offences punishable under Section 138 N.I.Act, learned Magistrate has taken cognizance. 2.

Perused the grounds urged in the quash petition and also the private complaint averments. Prima facie there is nothing for this Court to interdict the proceedings before the trail court, but for giving liberty to the petitioner to file application under Section 251 of Cr.P.C., if there are no grounds for the trial court to proceed with the case, to decide on own merits, following the expressions of the Hon'ble Apex Court in Bhushan Kumar Vs. State (NCT of Delhi)1 and Arvind Kejriwal & Others Vs. Amit Sibal and another2. 3.

Accordingly and with the above direction, this criminal petition is disposed of.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence.

_____________________________ DR.B.SIVA SANKARA RAO,J 01.08.2017 SS 1 2012 (5) SCC 424 2 2014 SCC online Del 212