High Court dismissed a petition under Section 482 Cr.P.C. seeking quashing of an order rejecting the accused's written statement in a cheque bounce case, holding that no such statement is admissible in summons cases.
Criminal Petition No.1507 of 2013 was dismissed due to lack of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE R.KANTHA RAO
CRL.P.No.1507 of 2013
ORDER
Heard the learned counsel appearing the petitioner and the learned Additional Public Prosecutor representing the State.
2. This petition is filed under Section 482 Cr.P.C. to quash the order dated 07-02-2013 passed in Crl.M.P.No.193 of 2013 in C.C.No.420 of 2012 (old C.C.No.174 of 2011) on the file of the Court of XXII Special Magistrate, Hyderabad.
3. The 2nd respondent-defacto complainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short “the Act”) and it was taken on file by the learned Magistrate. The petitioner is the accused in the said case. In the course of trial before the learned Magistrate, after complainant’s evidence was over, the petitioner-accused filed a written statement purportedly under Section 243 (1) of the Code of Criminal Procedure and the learned Magistrate by his order dated 07-022013 rejected the written statement. Challenging the said order, the present Criminal Petition is filed.
4. Admittedly, the petitioner is tried for the offence punishable under Section 138 of the Act, which is a summons case. Since there is no provision for filing of written statement in the trial of summons case, the learned Magistrate has rightly declined to receive the written statement filed by the petitioner-accused.
5. Hence, there are no merits in the Criminal Petition and the same is liable to be dismissed.
6. Accordingly, the Criminal Petition is dismissed.
________________ R.KANTHA RAO,J
Date:25-02-2013 Prv
2 issues framed by the court
Whether a written statement can be filed in a summons case under Section 482 Cr.P.C.
Whether the High Court should quash the refusal of the Magistrate to receive the written statement.
3 provisions across 2 enactments
Petitioner
State
R. Kantha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
