J.Narayanaswamy vs Athukuri Nageswara Rao
2023 Latest Caselaw 1633 AP

              HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                          Crl.P.No.4016 of 2019

ORDER:

The petitioner in this criminal petition is accused No.2 in C.C.No.317

of 2016 on the file of the IV Additional Junior Civil Judge, Guntur, for an

offence punishable under Section 138 of the Negotiable Instruments Act,

1881.

2. The petitioner contends that the complaint has been made

with a mala fide intention and that the allegations in the complaint are not

true. He would further submit that he is unable to move due to old age

and Cardiac problems apart from the contention that he is suffering from

Cancer. In the circumstances, it is submitted that continuation of trial

would not serve any purpose and accordingly the complaint should be

quashed.

3. Sri K.S. Murthy, learned Senior Counsel appearing for Sri

Sasanka Bhuvanagiri, learned counsel for the de facto complainant would

submit that the petitioner has been avoiding attending the trial Court on

account of which the trial in the matter has been stalled for the past few

years. He would point out that the present complaint is of the year 2015

and has not been disposed on account of the non-appearance of the

petitioner.

4. Sri Nagaraju Naguru, learned counsel appearing the

petitioner would also rely upon the order passed by the Hon'ble High 2 RRR,J Crl.P.No.4016 of 2019

Court of Madras Madhurai Bench dated 05.02.2015 in

Crl.O.P.(MD).No.1721 to 1726 of 2015 to contend that the interest of

justice would be served if the petitioner is given the facility of being

represented by a representative under Section 205 Cr.P.C.

5. As the further progress in the trial of the complaint is said to

have been stalled on account of the non-appearance of the petitioner, it is

necessary to ensure that the petitioner either appears by himself or is

represented before the trial Court to ensure that the trial Court complete

the trial in the matter.

6. In that view of the matter and in view of the orders passed

by the Hon'ble High Court of Madras Madhurai Bench, this criminal petition

is disposed of with the following directions.

1. The trial court is directed to dispense with the personal appearance

of petitioner/accused No.2 upon his swearing to an affidavit

informing his address for service.

2. He would be duly represented by his counsel on all hearing dates.

3. He would, at no instance, dispute his identity and that he would

appear before the trial Court as and when required.

4. Upon the petitioner doing so, the trial Court may seek the presence

of the petitioner/accused No.2 before it, only on the date of

judgment.

5. The questioning of the petitioner/accused No.2 under Section 313

Cr.p.C., may be effected through his counsel subject to the 3 RRR,J Crl.P.No.4016 of 2019

petitioner/accused No.2 informing in his affidavit that he would not

challenge doing so.

As a sequel, pending miscellaneous petitions, if any, shall stand

closed.

__________________________ R. RAGHUNANDAN RAO, J.

23rd March, 2023 Js.

                          4                             RRR,J
                                       Crl.P.No.4016 of 2019

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

Crl.P.No.4016 of 2019

23rd March, 2023

Js.