SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL…
Order of the Court below in Crl.M.P.No.7977 of 2006 is set aside with liberty to both parties to advance arguments; record to be sent within two weeks.
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THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL APPEAL No.1485 of 2008
JUDGMENT:-
This appeal is filed against the order dated 23-09-2008 in Crl.M.P.No.7977 of 2006 in C.C.No.193 of 1999 on the file of the Court of XIV Additional Chief Metropolitan Magistrate, Hyderabad.
A private complaint under Section 138 of the Negotiable Instruments Act,1881 was said to have been filed by the complainant, which is a registered company represented by J.Sriniva. The appellant herein is the Accused No.2. It appears that, while the matter was pending, on several occasions the absence of J.Srinivas was sought to be condoned, but, ultimately the Company has come up with an application stating that J.Srinivas has resigned and no more in service and consequently another person by name Maheswari was brought on record and the Court has accepted and allowed the same.
The appellant herein who is Accused No.2 has filed a complaint under Section 340 of Cr.P.C read with Section 29 of IPC stating that the earlier statement made before the Court that J.Srinivas was the representative and the several applications filed by the complainant seeking his condonation of his presence is an abuse of process of law and misleading of the Court and ultimately it is a punishable offence and consequently a compliant has been filed vide Crl.M.P.No.7977 of 2006. The Court below has dismissed the same.
Evidently, the case is at the stage of arguments after 313 Cr.P.C examination. The contention of the appellant herein whether there was a fraud and offence of tampering with record and misleading the court is made out or not shall be considered by the Court below in the main case while disposing of the case. If the Court feels any action is to be taken on this aspect, the same shall be considered at the time of disposing of the case.
With the above observation, the appeal is allowed and the order of the Court below in Crl.M.P.No.7977 of 2006 is set aside with liberty to both the parties to advance their arguments during the arguments on this
aspect. The Registry is directed to send the record of the lower court within two weeks.
_______________________ N.R.L. NĀGESWARA RĀO,J
27-02-2012 TSNR
2 issues framed by the court
Whether an appeal against the dismissal of a private complaint for abuse of process and misleading the court must be allowed or disposed of in the main proceedings.
Whether the fraud and offence of tampering with record and misleading the court require immediate disposal or consideration at the time of disposing of the main case.
Accused No.2 (Appellant)
Registered Company (represented by Maheswari)
N.R.L. NĀGESWARA RĀO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
