Crl.Petition No.641 of 2023
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.641 OF 2023
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 No.4 to quash the proceedings against him in C.C.No.296 of 2018 pending on the file of XIV Additional Judge cum XVIII Additional Chief Metropolitan Magistrate, Secunderabad. The offence alleged against him is under Section 138 of Negotiable Instruments Act.
2. Heard learned counsel for the petitioner-Accused and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. Learned counsel for the petitioner confined his prayer to dispense with the personal appearance of the petitioner - Accused as he is old aged person and it is very difficult for him to appear before the court on each and every date of hearing.
4. Thus, having regard to the facts and circumstances of the case, the attendance of the petitioner - Accused No.4 is dispensed Crl.Petition No.641 of 2023 2 with in C.C.No.296 of 2018 pending on the file of XIV Additional Judge cum XVIII Additional Chief Metropolitan Magistrate, Secunderabad, when represented by his counsel on record. The attendance of the petitioner is dispensed with subject to filing an affidavit by him stating that in his absence the proceedings conducted by his counsel will not be disputed by him in any manner and also he shall not dispute his identity. However, the petitioner shall appear before the learned Magistrate as and when his presence is required. In the event of the petitioner failure to appear when the Court directs, this order dispensing his attendance would stand cancelled.
5. Accordingly, the Criminal Petition is disposed of. Needless to say, in the event of the petitioner filing an application under Section 239 of Cr.P.C. seeking discharge if 251 Cr.P.C. examination is not over, the concerned Court shall dispose it off on merits 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 within a period of four (04) weeks after hearing arguments on both sides.
1 (2012) 5 SCC 424 Crl.Petition No.641 of 2023 3
6. As seen from the record, the case is of the year 2018 and the proceedings are under Section 138 of N.I. Act, hence, this Court deems it appropriate to direct the XIV Additional Judge cum XVIII Additional Chief Metropolitan Magistrate, Secunderabad, to dispose of C.C.No.296 of 2018, within a period of four (04) months from the date of this order, in accordance with law.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 23.01.2023 rev