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2022 DIGILAW 307 (AP)

Beeram Murali Mohan v. Surisetty Veera Venkata Satyanarayana

2022-03-16

CHEEKATI MANAVENDRANATH ROY

body2022
ORDER : 1. This Criminal Petition under Section 482 Cr.P.C. is filed seeking quash of the proceedings in C.C. No. 292 of 2020 on the file of the Special Magistrate, Anakapalle, Visakhapatnam District. 2. Heard learned counsel for the petitioner; learned counsel for 1st respondent-complainant and learned Additional Public Prosecutor for the 2nd respondent-State. 3. The petitioner is the sole accused in C.C. No. 292 of 2020 on the file of the Special Magistrate, Anakapalle, Visakhapatnam District. He is being prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act in the above case on the ground that the cheque that was issued by him in discharge of his legally enforceable debt i.e. the money due by him under a promissory note was dishonoured. 4. Now the petitioner seeks quash of the said complaint on the sole ground that the very filing of the complaint is barred by time and as such, continuation of the said criminal proceedings against the petitioner in the trial Court amounts to abuse of process of Court. 5. At the time of hearing, it is brought to the notice of this Court by the learned counsel for the 1st respondent-complainant that the complaint was instituted long back in the year 2012 and since then the matter has been pending trial in the trial Court and the trial has now been commenced and all the complainant’s witnesses were already examined and the matter has been coming for examination of accused under Section 313 Cr.P.C. These facts are not controverted by the leaned counsel for the petitioner. 6. Therefore, when the complaint was instituted long back in the year 2012 and when the trial has already been commenced and when the matter now stood posted for examination of the accused under Section 313 Cr.P.C. and as the matter has reached the stage of final adjudication and ripe for disposal in the trial Court, this Court is of the considered view that this Court cannot interfere now in this Criminal Petition filed under Section 482 Cr.P.C. for quash of the said criminal proceedings against the petitioner at this stage at the fag end of the trial of the case. 7. 7. The plea that is now taken by the petitioner that the very complaint is barred by time can be taken by the petitioner in the said case in the trial Court itself while submitting his arguments. As already noticed supra, the matter is at the fag end of the disposal and immediately after conducting the examination of accused under Section 313 Cr.P.C. either the petitioner can adduce his evidence in proof of his defence or can submit his arguments. The trial Court can appreciate the said evidence and the said plea taken by the petitioner relating to the fact that the complaint is barred by time and can dispose of the said case according to law. 8. Therefore, this Criminal Petition is disposed of with a direction to the petitioner to raise the said plea that the complaint is barred by time in the trial Court. The trial Court shall consider the said plea and dispose of the said criminal case according to law. The trial Court shall make an endeavour to dispose of the said case within one month from the date of this order. 9. Miscellaneous Petitions, if any pending in this Criminal Petition, shall stand closed.