AI Structured Summary
Not yet generated for this judgment
Judgment
This Criminal Petition has been filed seeking to quash the proceedings against the petitioner in S.T.C.N.I.No.869 of 2025, on the file of the Court of the I Additional Judicial Magistrate of First Class at Karimnagar, wherein the petitioner was arrayed as accused, for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (for short ‘N.I’).
Heard Smt. T. Vani, learned counsel for the petitioner and Mr.Jithendar Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.
Learned counsel for the petitioner, after arguing the matter at length submits that when this Court is not inclined to entertain the present criminal petition on the ground that the grounds urged and pleaded in the present criminal petition involve disputed facts and the same has to be adjudicated and decided by the learned trial Court after a full fledged trial. At this juncture, learned counsel for the petitioner restricted her prayer requesting this Court to dispense with the appearance of the petitioner/accused in S.T.C.N.I.No.869 of 2025, on the file of the Court of the I Additional Judicial Magistrate of First Class at Karimnagar, on the ground that the matter before the learned Trial Court has not riped for the trial yet. Learned counsel for the petitioner further submitted that the petitioner undertakes to appear before the learned trial Court as and when his presence is required and that she will represent the matter through her counsel on each and every date of adjournment.
The learned Additional Public Prosecutor has not opposed the submission made by the learned counsel for petitioner.
Taking into consideration the peculiar facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, the presence of petitioner/accused before the learned I Additional Judicial Magistrate of First Class at Karimnagar, in S.T.C.N.I.No.869 of 2025 is dispensed with, subject to the condition that the petitioner/accused shall be represented through her counsel on each and every date of adjournment. If the presence of the petitioner/accused is required, she shall appear before the trial Court. In case of the non-appearance of the petitioner/accused on the specific date fixed by the trial Court for her appearance, the trial Court is entitled to proceed with the matter, in accordance with law.
Accordingly, the criminal petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.