Syed Khaja Ziauddin vs The State Of Telangana
2022 Latest Caselaw 6935 Tel

             THE HONOURABLE SRI JUSTICE K.SURENDER

                CRIMINAL PETITION No.11493 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.169 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.169 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

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

(2012) 5 SCC 424