Karri Surya Prakash Reddy v. The State Of A.P. And Another

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2246 OF 2016 ORDER:

This criminal petition, under Section 482 Cr.P.C., is filed by the petitioner - accused seeking to quash the proceedings in CC.No.92 of 2011 on the file of Special Magistrate Court, Alamuru, East Godavari District.

Heard and perused the material available on record. The offence alleged against the petitioner is punishable under Section 138 of the Negotiable Instruments Act. Admittedly, after duly investigating into the complaint lodged by the de facto complainant, the Police filed charge sheet against the petitioner. A reading of charge sheet also reveals some allegations against the petitioner, truth of which can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.

After arguing for some time, learned counsel for the petitioner while not pressing for the main prayer, confined his arguments only to the extent of dispensing with the presence of the petitioner before the trial Court.

In view of the same and also considering the nature of allegations, the presence of the petitioner is dispensed with before the trial Court, except on the dates on which the learned trial Judge insists for his presence and he shall be properly represented through his counsel before the trial Court on all hearing dates. Accordingly, the Criminal Petition is disposed of.

Miscellaneous petitions pending if any, shall stand closed. ______________ RAJA ELANGO, J February 23, 2016.

KTL