M. Yadaiah v. The State Of Telangana

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.11901 of 2018 ORDER:

This Criminal Petition, under Section 482 of Cr.P.C., is filed by the petitioner/accused seeking to set aside the docket order dated 17.9.2018, passed by the learned V Additional District Judge, Ranga Reddy District at L.B.Nagar, in Crl.M.P.(SR).No.937 of 2018 in Criminal Appeal No.620 of 2018.

2.

Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing for respondent No.1-State and perused the record.

3.

By the impugned order, the Court below rejected to extend the time for payment of 5% of the cheque amount to respondent No.2de facto complainant by the petitioner. 4.

Learned counsel for the petitioner submitted that the petitioner's sister-Pandari Yadamma died on 11.8.2018 and the petitioner had to incur the expenditure and as such, he could not comply with the order to pay 5% of the cheque amount to the de facto complainant within the stipulated time. Though the petitioner has raised several grounds to set aside the impugned order, learned counsel for the petitioner requested this Court to grant further time to the petitioner to comply with the order passed by the Court below. 4.

Learned Additional Public Prosecutor submitted that the petitioner has not complied with the order of the Court below and hence, the Criminal Petition is liable to be dismissed. 5.

In view of the aforesaid submissions and having regard to the facts and circumstances of the case, without delving into the merits of the case, the Criminal Petition is disposed of, extending the time granted by the Court below for payment of 5% of the cheque amount

to respondent No.2-de facto complainant by the petitioner for a further period of one week from today.

6.

Miscellaneous petitions, if any pending in this criminal petition, shall stand closed.

__________________ JUSTICE G.SRI DEVI 30th December, 2019 dr