Sonaganti Venugopal vs The State Of Telangana
2022 Latest Caselaw 7144 Tel

                THE HON'BLE SRI JUSTICE K.SURENDER

                CRIMINAL PETITION No.11857 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.') seeking to quash the proceedings in

C.C.No.434 of 2021 pending on the file of the Additional Judicial First Class

Magistrate at Devarakonda, Nalgonda District. The petitioner herein is

accused in the said cases. The offence alleged against him is under Section

138 of Negotiable Instrument Act.

2. Learned counsel for the petitioner confined his prayer to dispense with

the personal appearance of petitioners - Accused.

3. Considering the submission of learned counsel for the petitioner, the

attendance of the petitioner herein is dispensed with in C.C.No.434 of 2021

pending on the file of the Additional Judicial First Class Magistrate at

Devarakonda, Nalgonda District, when represented by their counsel on

record. The attendance of the petitioner herein is dispensed with subject to

filing affidavits 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.

.

4. Further, several grounds raised by the learned counsel for the

petitioner can be agitated before the trial Court 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.

5. In view of the aforesaid Judgment, the petitioner can file a discharge

application before the trial Court by raising all the aforesaid grounds and on

such filing the concerned trial Court shall entertain the same.

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 30.12.2022 gms

(2012) 5 SCC 424

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO. 11857 of 2022

Dt.30.12.2022

gms