THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.11552 OF 2022
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner - accused seeking to quash the proceedings against him in STC NI No.168 of 2022 pending on the file of the I Additional Judicial First Class Magistrate, Nizamabad. The offence alleged against him is under Section 138 of Negotiable Instrument Act.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State - respondent. Perused the record.
3. Though the petitioner has raised several grounds to quash the proceedings in the aforesaid case, learned counsel for the petitioner confined his prayer to dispense with the personal appearance of petitioner - Accused in the aforesaid case in the Trial Court.
4. Considering the submission of learned counsel for the petitioner, the attendance of the petitioner herein is dispensed with in STC NI No.168 of 2022 pending on the file of the I Additional Judicial First Class Magistrate, Nizamabad, when represented by his counsel on record. The attendance of the petitioner herein is dispensed with subject to filing an affidavit by the petitioner stating that in his absence the proceedings conducted by his 2 counsel will not be disputed by him in any manner and shall not dispute his identity also. However, the petitioner shall appear before the learned Magistrate as and when his presence is required. In the event of failure of the petitioner to appear when the Court directs, this order dispensing his attendance shall stand cancelled.
5. Several grounds were raised by the learned counsel for the petitioner which can be agitated before the trial Court by filing a discharge application in view of the judgment rendered by the Hon'ble Supreme Court in case of Bhushan Kumar and another vs. State (NCT of Delhi) and another1. Needless to say, in the event of the petitioner filing an application seeking discharge, the concerned Court shall dispose it of on merits within a period of four (04) weeks.
6. Accordingly, the criminal petition is disposed of. No order as to costs.
Miscellaneous applications pending, if any, in this criminal petition, shall stand closed.
________________ K.SURENDER, J Dt: 22.12.2022.
rev 1 (2012) 5 SCC 424