Telangana High Court
Jai Prakash Agarwal vs State Of Telangana on 24 March, 2025
THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO
CRIMINAL APPEAL No.74 of 2025
JUDGMENT:
This Criminal Appeal is filed under Section 378(4) of Code
of Criminal Procedure (for short "Cr.P.C."), aggrieved by the order
dated 24.05.2016 in C.C.No.58 of 2016 (old C.C.No.2125 of
2015), passed by the learned X Special Magistrate, Hyderabad.
2. Heard Ms.Malathi, learned counsel representing
Mr.S.Lakshmi Kanth, learned counsel for the appellant and
Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for
the respondent No.1-State.
3. When the matter was taken up for consideration on
21.03.2025, there was no representation for respondent No.2. To
give one opportunity, the matter was posted to 24.03.2025. Today,
also there is no representation for respondent No.2, either
physically or virtually.
4. Learned counsel for the appellant submitted that the
appellant lodged a complaint invoking the provisions under
Section 190 r/w 200 of Cr.P.C. against respondent No.2, for the
offences punishable under Section 138 of Negotiable Instruments
Act, 1881 (for short 'NI Act'), on the file of XI Additional Chief
Metropolitan Magistrate at Secunderabad and the said case was
transferred to X Special Magistrate, Hyderabad. He further
submitted that the appellant has not received any notice or
information about transfer of case, due to which the appellant could
not appear before X Special Magistrate, Hyderabad. On
24.05.2016, the said Court dismissed C.C.No.58 of 2016, on the
ground that the appellant was absent. Unless the said order is set
aside and the said C.C. is heard on merits, the appellant will be put
to irreparable loss and hardship.
5. Per contra, learned Additional Public Prosecutor submitted
that though the complaint was lodged in the year 2015, as the
appellant is not having any interest to prosecute the matter, he has
not appeared before the Court below.
6. Having considered the rival submissions made by the
respective parties and after perusal of the material available on
record, it reveals that appellant lodged a complaint invoking the
provisions under Section 190 r/w 200 of Cr.P.C. against respondent
No.2, for the offences punishable under Section 138 of Negotiable
Instruments Act, 1881 (for short 'NI Act'). The record further
discloses that the said case was transferred from XI Additional
Chief Metropolitan Magistrate at Secunderabad to X Special
Magistrate, Hyderabad and the said CC was dismissed on
24.05.2016, on the ground that the appellant was absent. In the
complaint the appellant contended that respondent No.2 issued
cheque bearing No.244897, dated 02.03.2015 for a sum of
Rs.10,00,000/-.
7. Taking into consideration of the facts and circumstances of
the case, this Court, to render substantial justice to the parties,
deems it appropriate to allow the appeal and to grant one
opportunity to the appellant to prosecute the matter, subject to
payment of costs of Rs.10,000/- to the High Court Legal Service
Committee, within a period of two (2) weeks from the date of
receipt of a copy of this judgment. Accordingly, the impugned
order dated 24.05.2016 passed in C.C.No.58 of 2016 is set aside
and the matter is remanded back to the X Special Magistrate,
Hyderabad, with a direction to dispose of C.C.No.58 of 2016, in
accordance with law, as expeditiously as possible.
8. Accordingly, the Criminal Appeal is allowed. No costs.
Miscellaneous applications, pending if any, shall stand
closed.
___________________________
JUSTICE J.SREENIVAS RAO
Date: 24.03.2025
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