Dismissed

Dobbikar Bhagirathji, Hyd v. State of Telangana, Rep. by P.P., Hyd and Anr.

Telangana HC23 Nov 2023CRLP/14769/2014

Case brief

AI extract

What is this about?

Criminal petition under Section 482 Cr.P.C seeking quashing of Section 138 cheque complaint dismissed as infructuous after parties settled issues. Transfer of case from XIII Metropolitan Magistrate, Cyberabad to IV Special Magistrate led to abolition of latter court due to abolition of designated magistrate by government, rendering proceedings incapable of further flourishing.

What did the court decide?

Criminal petition dismissed as infructuous; all miscellaneous matters closed.

Dobbikar Bhagirathji, Hyd Vs State of Telangana, Rep. by… — Cheque Dishonour | Telangana HC (2023)

¶1

[^32ee ]

¶2

¶3

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶4

THURSDAY,THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

¶5

PRESENT THE HONOURABLE SRI JUST]CE E.V. VENUGOPAL

¶6

CRIMINAL PETITION NO: 14769 OF 2014

¶7

Between:

¶8

Dabbikar. Bhagirathji, S/o.Narayanji, Aged about 59 years, H.No.16111t16lMt2B, East Prashanth Nagar,Moosarambagh, Dasuknagar, Hyderabad-500036.

¶9

AND

¶10

...PETIT|ONERyACCUSED

¶11

1 The- State of Tela.nga_na, represented by its Public prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the statdof Andhra Pradesh

¶12

2 R-Srinivas Goud,, S/o.R.Raja Ram, Aged about 52 years, Flio.H.No.12-13451, Street No.'1, Tamaka, Secunderabad.

¶13

...RESPONDENTS

¶14

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to quash the Criminal Complaint filed by the 2nd Respondent under section 190 and 200 of cr.P.c. for the offence u/s.138 of Negotiable lnstruments Act, 1881 Rlw.142 bearing C.C.No.71 of 2014 (otd C.C.No.327 ot 2O14 on the file of the X{ll Metropolitan Magistrate, Cyberabad at L.B.Nagar) on the file of the Court of the lV Special Magistrate, L.B.Nagar, R:R.District.

¶15

LA. NO: 1 OF 2014(CRLPMP. NO: 1 5627 0F 20141

¶16

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay all further proceedings in C.C.No.7l of 2014 on the file of the Court of the IV Special Magistrate, L.B.Nagar, R.R.District, including the appearanc€ and arrest of the Petitioner pending disposal of the above CriminalPetition.

¶17

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K V Subrahmanya Narusu, Advocate for the Petitioners and Sri. Vizarath Ali, Assistant Public Prosecutor on behalf of "the Respondent No.1 and none appeared for the Respondent No.2.

¶18

The Court made the following: ORDER

¶19

,.:\

¶20

0 tl

¶21

THE HONOTIRABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL PEf,ITION No.L4769 OF 2OL4

¶22

ORDER:

¶23

¶24

This criminal petition is filed seeking to quash the criminal complaint filed by the 2.a respondent under section 190 and 200 of Cr.P.C. for the offence under section 138 of Negotiable Instruments Act, 1881 read with 142 beariog C.C.No.7l of 2Ol7 (old C.C.No.327 of 2017 on the lile of the XIII Metropolitan Magistrate, Cyberabad at L.B.Nagar) on the file of the Court of the IV Special Magistrate, L.B.Nagar, Ranga Reddy District.

¶25

Ms.M.Asavari, learned counsel representing on behalf of learned counsel for the petitioner would submit that the subject matter of the criminal petition does not sunrive as the parties have settled the issues outside the court and hence no further orders are required and seeks to dismiss the criminal petition as infructuous.

¶26

Mr. Vizarath Ali, Leamed Assistant public prosecutor takes no objection to the sarne.

¶27

Recording the submission made by the learned counsel for the petitioner and learned Assistant public prosecutor and upon

¶28

¶29

perusing that the subject matter of the case has been transferred from XIII Metropolitan Magistrate, Cyberabad at^{L.B.Nagar and} on subsequent abolition of IV Special Magistrate,^L.B.Nagar, Ranga Reddy District, this Crimina-l Petition is dismissed^as infructuous.

¶30

Miscellaneous Petitions, pending if any, shall^{stand closed'}

¶31

SD/. K. VENKAIAH ASSISTANT R lsT R

//TRUE COPY//

SECTION OFFICER

To,

'1. The lV Special Magistrate, Cyberabad at L.B. Nagar, R.R. District.

¶36

Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUTl.

¶37

One CC to Sri. K.V. Subrahmanya Narusu, Advocate [OPUC].

¶38

Two CD Copies

SR/JAK

I )

HIGH COURT

DATED:23111t2O23

ORDER

CRLP.No.14769 ot 2014

¶46

tiF*
q
()J
1 5 rrs zoz+

¶47

9['!,!INAL^{pEilfloNts DtsMtssED} AS INFRUCTUOUS

¶48

@cq,4 8r..-aVV'

Dobbikar Bhagirathji, Hyd v. State of Telangana, Rep. by P.P., Hyd and Anr.

Case brief

What is this about?

What did the court decide?

Dobbikar Bhagirathji, Hyd v. State of Telangana, Rep. by P.P., Hyd and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohammed Abdul Ghouse, Hyderabad., Vs the State of Telangana, Rep Pp and 2 Otrs.

K.Janardhan Reddy, Uppal Vs Public Prosecutor, Hyd and Another

M/S. Upkar Minin Pvt., Ltd., Vs M/S. Bspn Indurtries Pvt., Ltd., and Another

Miss. Neha Vedre Vs The State of Telangana.,rep.,Pp

Meerugu Leelavathi, Adilabad Dist. Vs the State of Telangana, Rep by Pp.

Miss. Neha Vedre Vs The State of Telangana.,rep.,Pp