Akula Vijay Kumar v. Murthy Yugandhar

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2732 OF 2016 ORDER:

This Criminal Petition is filed by the accused seeking to quash the proceedings in STC No.28 of 2015 pending on the file of Judicial Magistrate of First Class, Jammalamadugu for the offence under Section 138 of Negotiable Instruments Act. Heard the learned counsel for the petitioner and learned Additional Public Prosecutor. Perused the record. The points now raised by the learned counsel for the petitioner are all disputed questions of fact and truth or otherwise of the same can be ascertained only after full-fledged trial by the trial Court. Now, the learned counsel for the petitioner submitted that N.B.Ws. are pending against the petitioner. In the circumstances of the case, the petitioner is directed to surrender before the Court below and file an application seeking to recall the warrant.

On filing such application, the Court below is directed to recall the Warrant issued against the petitioner on the same day. Thereafter the presence of the petitioner before the trial Court is dispensed with except on the dates on which the trial Court specifically insists for his appearance. The petitioner is directed to be represented by a counsel on all hearing dates.

The Criminal Petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed.

____________________ JUSTICE RAJA ELANGO 28.03.2016 Tsr