Criminal petition filed to quash proceedings for offences of cheating and cheque dishonour. Court declined interference with the filing of complaints but dispensed with petitioner presence in trial court.
Criminal petition disposed of; presence of petitioners dispensed with except when insisted by trial judge; represented by counsel.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.3181 of 2016
ORDER:
This Criminal Petition is filed by the petitioners-accused Nos.1 & 2 seeking to quash the proceedings against them in CC No.1 of 2015 on the file of the Metropolitan Sessions Judge, Nampally.
The petitioners are alleged to have committed the offences punishable under Sections 406 and 420 IPC and 5 of the A.P. Protection of Depositors of financial Establishments Act. It is alleged that the de facto complainant invested an amount of Rs.10,00,000/- in the business of the petitioners on an agreement on condition that they shall pay back the money to him on monthly basis. Thereafter, the petitioners paid only Rs.1,73,333/- but, failed to pay the remaining amount. On repeated demands, they issued two cheques in favour of the de facto complainant for an amount of Rs.8,00,000/-, which were bounced when deposited by the de facto complainant.
Considering the facts and circumstances of the case and the allegations made against the petitioners, this Court is not inclined to interfere with the proceedings against the petitioners in the above CC.
At this stage, the learned Counsel for the petitioners prayed for dispensing with the presence of the petitioners before the trial Court.
In view of the above submission, the presence of the petitioners before the trial Court is dispensed with except on the dates on which the trial Judge insists for their presence. The petitioners are directed to be represented through a Counsel before the trial Court on all hearing dates.
Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending, if any, shall stand closed.
RAJA ELANGO, J
March 11, 2016. KTL
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.3181of 2016
11.3.2016
KTL
2 issues framed by the court
Whether to quash criminal proceedings against accused facing allegations of cheating and cheque bounce.
Whether to dispense with the presence of petitioners before the trial court.
3 provisions across 2 enactments
Petitioners-accused Nos.1 & 2
De facto complainant
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
