Dismissed

Staney Robert Berlin v. the State of a.P., and Another

Telangana HC20 Sept 2023CRLP/8845/2017

Case brief

AI extract

What is this about?

A criminal petition filed under Section 482 CrPC to quash proceedings for cheque dishonour was dismissed due to the petitioner's absence. The court noted the relevantSpecial Court had been abolished, providing no reason to keep the petition pending. A liberty to move the court later was granted.

What did the court decide?

The Criminal Petition is dismissed with liberty to move the Court in the event of cause surviving.

Staney Robert Berlin Vs the State of a.P., and Another — Cheque Dishonour | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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13251 |

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WEDNESDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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Between:

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CRIMINAL PETITIO N NO: 8A45 0F 2017

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lvlr. Stanley Robert Berlin, Assrstant Engineer, Residing At Flat 3 No 2, 3 Cross, Domlur Second Stage, Bangalore-5600/1 .

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AND

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...PETITIONERYA3

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The State of Andhra pradesh, Rep. by its public prosecutor, High Court of Judicature at Hyderabad.

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2 Mr. Gautam Makani, Resrding At No.5438, Shattuck Avenue, free Mont, california 94555,United stateJ of America, saio to oe Represented by His lp9:i3l l_oygr.^{of attorney Hotder, Mr.E.Umar"n.s,rao'nao,} nesiOirig Al PIot No.67,Bala.ii Nagar Colony,Vanasthalipuram, UyOeraOaO_SOOOZO

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,.RESPONDENTS

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Petition under Section_ 4,82 of Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds of Criminil Fetition, the High Court mav be pleased to quash the complaht bearing Cc.No.sVzOiO ir""Oi"s';r""ti"'iiilll the Vll Special l\ragistrate Court Erramanzi, Hyderabad

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l.A NO: 1 OF 2017(CRLPMP . NO: 950I OF 2017)

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Petition under Section 4g2 of Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds of criminar^{"petiiion,the} uisn-c"rrt."y be..pleased. to grant stay of all further proceedings inciuAing .pp""rr"n"" of if,6 petitioner in cc.No.55/2016 on the ' fire of v[ speciar [,ligistrate- court] Erramanzil, Hyderabad.

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I.A NO:2OF 2017(CRLPMP. NO: 10521 0F 20171

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Petition under Section -482^{of Cr.P .C prayingthat in the circumstances} stated in the Memorandum of Grounds of Criminal petition,the High Court may be pleased to extend the order passed in Crt.p.NO.8B qs o{ ZOlt aati:d 19.9.2017 until further orders This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal petition and upon hearing the arguments of Sri Venkateswara Rao Velulurum alli ,Advocate for the Petitioner and the public Prosecutor on behalf of the Respondent No 1.and none appeared for the Respondent No.2

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The Court made the following: ORDER

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\ \

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITIoN No. 8845 OF 2OL7

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ORDER:

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The Criminal Petition is filed under Section^.lB2 of the Code of Criminal Procedure (for short Cr.P.C.) by the petitioner/Accused No.3 to quash the proceedings in C.C No.55 of 2016 on the file of the VII Special Magistrate Court, Errammanztl, Hyderabad. The alleged offences against accused are punishable under Sections 138, 141 and 142^of Negotiable Instruments Act.

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The crime is of the year 2017. No interim orders were passed by this Court, when the case was ltled in the year 2017. However, the appearance of the^{petitionerbefore the} trial court was dispensed with lor a period of one month^on t9.o9.20t7.

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As seen from the proceedings sheet, there was^no representation on behalf of the^petitioner on^{13.09.2023, as} such, the case was directed to be^posted today under^the caption 'for dismissal'. Today also,^there is^{no representation} for the petitioner. The stage in the trial Court is not^known.

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Further, the Special Court has been^{abolished. Hence, I do not} find any reason to keep the^{petitionpending}

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Accordingly, thc Criminal Petitior-r is dismissed by giving liberty to thc petitioner to move this Court in the event^of cause survrvlng.

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Miscellaneous applications^pending, if any, shall^stand

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closed.

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Sd/. K. VENKAIAH ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Vll Special^{MagistrateCourt Erramanzil, Hyderabad'}

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Two CCs to^{Public Prosecutor HighCourtfor the State of Telangana,} Hyderabad[OUT]

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One CC to^{Sri. VenkateswaraRao VeluturumalliAdvocate IOPUC]'}

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Two CD^Copies.

KNVD

Pn^q,

HIGH COURT

KS,J

DATED:20lOSl2023

ORDER

rll 10 iiiT 2$B

CRLP.No.8845 of 2017

DISMISSING THE CRL.P.

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ltCi, \s\ro[?-3'

Staney Robert Berlin v. the State of a.P., and Another

Case brief

What is this about?

What did the court decide?

Staney Robert Berlin v. the State of a.P., and Another

Case brief

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What did the court decide?

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