The High Court disposed of a criminal petition under Section 482 Cr.P.C. seeking quashing of proceedings for cheque dishonour. It declined to interfere, held the question of identity did not arise, and dismissed the petition.
The Criminal Petition under Section 482 Cr.P.C. was dismissed, and associated Miscellaneous Petitions were closed.
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THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 12614 of 2011
ORDER:
Petitioner approached this court by invoking the provisions under Section 482 Cr.P.C. seeking to quash the proceedings against him in C.C.No.276 of 2011 on the file of the V Additional Judicial Magistrate of First Class, Kakinada, whereby he is facing charge for the offence punishable under Sections 138 and 142 of the Negotiable Instrument Act.
2. This court perused the record and heard the arguments. The offence alleged against the petitioner is under Section 138 of the NI Act. In view of the same, this Court is not inclined to interfere with the trial at this stage. In any event, as the question of identity of the accused does not arise in this type of cases, the presence of the petitioner before the trial Court is dispensed with except the dates on which the learned Magistrate insists for the same and the petitioner shall properly be represented through his counsel.
3. With the above observation, the Criminal Petition is dismissed. The Miscellaneous Petitions, if any, filed along with this Criminal Petition shall stand closed.
__________________ JUSTICE RAJA ELANGO 8th December 2011 Rns
1 issue framed by the court
Whether the High Court should interfere with the trial stage under Section 482 CrPC in a cheque dishonour case.
2 provisions across 2 enactments
Petitioner
Private Respondent
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
