Telangana High Court
Parni Karthik Reddy vs The State Of Telangana on 22 November, 2022
Crl.Petition No.10369 of 2022
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10369 OF 2022
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner- Accused No.3 to quash the proceedings against him in C.C.No.773 of 2017 pending on the file of VII Metropolitan Magistrate at Hayathnagar, Cyberabad. The offences alleged against him are under Sections 420, 351 and 506 of Indian Penal Code (for short "IPC").
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. A perusal of the record would reveal that, Accused Nos.1 and 2 are the owners of "Vijaya Enterprises" which is the same name and style of complainant's unit. Accused Nos.1 and 2 have sold out their business unit with machinery to the complainant and the complainant also advanced the amounts, but Accused Nos.1 and 2 failed to hand over the machinery. On the demand of complainant, Crl.Petition No.10369 of 2022 2 on 13.01.2017 the petitioner herein promised to return the said amount but he failed to return the amounts. In the charge sheet, prima facie, there are certain allegations leveled against the petitioner herein. They are triable issues. The petitioner has to face trial and prove his innocence. The defence taken by the petitioner cannot be considered in an application filed under Section 482 Cr.P.C. Therefore, this Court is not inclined to quash the proceedings in C.C.No.773 of 2017 pending on the file of VII Metropolitan Magistrate at Hayathnagar, Cyberabad against the petitioner herein.
4. Thus, having regard to the facts and circumstances of the case, the attendance of the petitioner herein - Accused is dispensed with in C.C.No.773 of 2017 pending on the file of VII Metropolitan Magistrate at Hayathnagar, Cyberabad, when represented by his counsel on record. The attendance of the petitioner is dispensed with subject to filing an affidavit by the petitioner stating that in his absence the proceedings conducted by his counsel will not be disputed by him in any manner and also he shall not dispute his identity. However, the petitioner shall appear before the learned Magistrate as and when his presence is required. In the event of Crl.Petition No.10369 of 2022 3 the petitioner failure to appear when the Court directs, this order dispensing his attendance would stand cancelled.
5. Accordingly, the Criminal Petition is disposed off.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 22.11.2022 rev