CRLP/13596/2010 of Dumpa Sadasiva Reddy, Vs The State of Andhra Pradesh, on 31 December 2010

Facts

ORDER:

This criminal petition is filed for quashing of the proceedings initiatedagainst the petitioner-accused in C.C.No.56 of 2001 on the file of the Courtof the Additional Judicial Magistrate of First Class, Anakapalli,Visakhapatnam.

Brief facts of the case are that the petitioner-accused issued acheque bearing No.458187 dated 30.10.2000 for an amount ofRs.40,000/- due to the 2[nd] respondent-complainant and when the saidcheque was presented for realization, the same was bounced with anendorsement ‘funds insufficient’. Thereafter, after following the procedureprovided for under Sections 138 and 142 of the Negotiable InstrumentsAct, the 2[nd] respondent-complainant filed the complaint and the same wastaken on file as C.C.No.56 of 2001 by the trial Court.

The main grievance of the petitioner is that even though the saidCalendar Case was posted for trial in the year 2002, the 2[nd] respondent-complainant did not proceed with the trial of the case and, therefore, thesaid Criminal Case pending against the petitioner-accused may be closed.

Heard both sides.

Apparently, the said Case was posted for trial in the year 2002 andsince then the 2[nd] respondent-complainant is not get ready to proceedwith the trial of the case. It is really surprising to note that the said case isstill pending even after lapse of eight years. It is not known as to why thelearned Magistrate has kept the matter pending.

Having regard to the facts and circumstances of the case, I considerit appropriate to dispose of this criminal petition at the stage of admissionwith a direction to the Additional Judicial Magistrate of First Class,Anakapalli, Visakhapatnam District, to dispose of the C.C.No.56 of 2001,in accordance with law, within a period of three months from the date ofreceipt of a copy of this order.

Since it is a direction to the learned Magistrate to dispose of thecase, the usual notice to the 2[nd] respondent-complainant is dispensedwith.