This order disposes of a criminal petition filed to quash proceedings under Section 138 of the Negotiable Instruments Act. The Court declines to examine merits at this stage and directs the trial court to consider the defenses within six months.
Petition disposed without going into merits; trial court to consider defenses within six months.
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THE HONOURABLE SRI JUSTICE S. RAVI KUMAR
Criminal Petition No.6415 of 2012
ORDER:
This Petition is filed to quash the Proceedings in C.C.No.144 of 2012 on the file of IV Special Metropolitan Magistrate at Miyapur, Ranga Reddy District, for the alleged offence under Section 138 of Negotiable Instrument Act.
Heard Both sides.
I have perused the material papers including the notices exchanged between the parties. As seen from the material papers, the grounds raised in the quash petition are the defenses available for the petitioner and petitioner has to prove them during trial.
In view of the same, without going into the merits of the case, this Petition is disposed of giving opportunity to the petitioner to urge all these grounds before the trial and the trial court shall consider the same without being influenced by disposal of this Petition. However, the trial court shall decide the matter within a period of Six (06) months from the date of receipt of a copy of this Order.
____________________ S. RAVI KUMAR, J August 27, 2014
eha
1 issue framed by the court
Whether the criminal petition for quashing proceedings in a cheque bounce case should be allowed.
1 provisions across 1 enactments
Petitioner
Respondent
S. RAVI KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
