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Judgment
Venkata Jyothirmai Pratapa, J
The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘the Code’) has been filed, by the Petitioner/Accused, seeking to quash the Order dated 19.07.2024 passed in Crl.M.P.No.1331 of 2024 in CC No.173 of 2017 on the file of the Court of III Additional Judicial First Class Magistrate, Rajamahendravaram, East Godavari District, against him.
The brief facts of the case are that:
i) Complainant who is respondent No.1 herein filed the above CC No.173 of 2017 against the Petitioner/Accused for the offence punishable under Section 138 of the Negotiable Instruments Act (for short ‘the N.I.Act’). When the matter came up for hearing arguments, Petitioner/Accused could not submit arguments since his mother died and filed Crl.M.P.No.1331 of 2024 under Section 311 of the Code to reopen the mater for the purpose of submitting arguments. Learned Magistrate, vide Order dated 12.07.2024 allowed the said Crl.M.P. imposing costs of Rs.1000/- on the Petitioner/Accused and directed him to submit arguments on the next date of adjournment. When the matter came up for hearing, on 19.07.2024 the learned Magistrate passed the following impugned order:
“Both called present. Costs not paid. Defence arguments not submitted even after allowing the Crl.M.P. on direction. Hence, defence arguments treated as heard and posted for judgment call on 01.08.2024”.
Aggrieved by the same, the present Criminal Petition has been filed by the Petitioner/Accused.
Heard Sri B.V.Rama Rao, learned counsel for the Petitioner. Learned Assistant Public Prosecutor appearing for respondent no.2/State is in attendance.
Learned counsel for the Petitioner would submit that the impugned Order has been passed by the Learned Magistrate on 12.07.2024 allowing Crl.M.P.No.1331 of 2024 with a condition to deposit costs of Rs.1000/- by the Petitioner/Accused and submit arguments on the next date of hearing. The Order was not uploaded and not even mentioned in the Diary. On 19.07.2024 the matter was listed and since the petitioner could not pay costs of Rs.1,000/-imposed on him, Learned Magistrate dismissed the Petition and posted the matter to 01.08.2024 for Judgment. On 01.08.2024 the matter was adjourned to 16.08.2024 for Judgment since the bundle was not placed before the Learned Magistrate. Learned counsel further would submit that from 16.08.2024, the matter was posted for Judgment on 28.08.2024. Learned Magistrate having given finding in the above Crl.M.P. that opportunity should be given to the Petitioner to submit their arguments, dismissed the Petition for non-payment of costs on 19.07.2024. The Petitioner has complied with the condition subsequently and filed a Memo to that effect. Learned counsel further would submit that opportunity should be given to the Petitioner to submit arguments.
Learned Assistant Public Prosecutor submits that appropriate orders may be passed.
Having heard the submissions and considering the material on record, to meet the ends of justice, Petitioner/Accused is directed to appear before the Trial Court and submit arguments in CC No.173 of 2017 on 28.08.2024. Learned Magistrate shall take up the matter on 28.08.2024 immediately after completion of call work and shall proceed with the case and pronounce the Judgment on 28.08.2024 itself after considering the arguments advanced. It is made clear that in case, Petitioner/Accused failed to appear and submit arguments on 28.08.2024, Learned Magistrate can proceed with the matter for pronouncement of Judgment on 28.08.2024 itself.
Learned Registrar (Judicial) is directed to communicate copy of the Order forthwith through e-mail/fax to the concerned Court and authorities.
With the above direction, the Criminal Petition is disposed of.
Miscellaneous Petitions pending, if any, shall stand closed.