This High Court rejected a plea to quash proceedings for cheque dishonour as a fit case. The court directed the lower court to dispose of the case expeditiously.
The quashing plea was dismissed; the trial court is directed to dispose the complaint expeditiously.
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.
THE HON'BLE SRI JUSTICE M.S.K.JAISWAL
CRIMINAL PETITION No.7856 of 2016
ORDER
This petition under Section 482 Cr.P.C. is filed by the petitioner/accused seeking to quash the proceedings in C.C.No.16 of 2016 on the file of VI Special Metropolitan Magistrate, Kukatpally, Hyderabad, registered for the offences punishable under Sections 138 and 142 of Negotiable Instruments Act, against him.
2. It is alleged in the private complaint that the accused is liable to be paid the amount covered by the cheque, which was dishonoured due to insufficiency of funds, to the complainant. 3. Heard and perused the material on record.
4. In view of the specific allegations in the complaint, this is not a fit case where the proceedings against the petitioner can be quashed. Truth or otherwise of the allegations can only be decided during the course of trial. Considering the facts and circumstances of the case, the Court below is directed to dispose of the aforesaid CC as expeditiously as possible, without insisting the presence of petitioner/accused for each and every date of adjournment, unless it feels that his presence is necessary for any specific purpose.
5. With the above direction, the Criminal Petition is disposed of. Miscellaneous applications, if any, pending in this petition shall stand closed.
________________ M.S.K.JAISWAL,J
9th June, 2016 sj
2 issues framed by the court
Whether the criminal proceedings for cheque dishonour can be quashed.
Whether orders expediting the trial without the accused's presence are appropriate.
2 provisions across 2 enactments
Petitioner/Accused
Complainant
M.S.K. JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
