Devarajam Vuppula vs The State Of Telangana
2023 Latest Caselaw 299 Tel

                                                  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

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.

(2012) 5 SCC 424 Crl.Petition No.641 of 2023

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