V. Padma, v. N. Tenuguthalli

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5136 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in C.C.No.1105 of 2015 on the file of the VII Metropolitan Magistrate, Cyberabad, at Hayatnagar, arising out of offence under Section 138 of the Negotiable Instruments Act. Heard and perused the material available on record. This Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners. Considering the facts and circumstances and also as the question of identity of the petitioners does not arise, the presence of the petitioners is dispensed with before the Court below, except the dates on which the Court below insists for their appearance.

The petitioners shall be represented through their counsel before the Court below on all hearing dates. The Criminal Petition is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 13.04.