Kusuma Kennedy v. The State Of A.P.

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.11415 of 2018 ORDER :

The petitioner is the sole accused in C.C.No.116 of 2014 pending on the file of the Special Magistrate, Amalapuram, East Godavari District, out come of the private complaint for the offence under Section 138 of the Negotiable Instruments Act from the complaint of the 2nd respondent taken cognizance for the dishonour of the so-called cheque issued by the accused from the statutory notice given allegedly not paid.

2.

The contention is the cheque is not issued much less for any legally enforceable debt or other liability, which is the matter of defence before the trial Court and thereby there is nothing to quash by entering into arena of disputed of facts, but for to face the ordeal of trial. Now the difficulty expressed to attend the Court for day-to-day adjournments personally, the petitioner is given liberty to file application under Section 205 Cr.P.C. to represent through Special Vakalat Holder, for the learned Magistrate to hear and permit with necessary conditions, by virtue of this order. 3.

With the above observation, the criminal petition is disposed of. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 16th November 2018.

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