POTLURI VARA PRASAD Vs. USHA PICTURES AND FINANCIERS

JUDGEMENT

(1.) This Criminal Petition, under Sec. 482 Cr.P.C., has been filed against the order, dtd. 9/1/2023, passed in Crl.MP No.718 of 2022 in STC No.52 of 2022 by the learned Special Judicial Magistrate of First Class (Mobile) for trial of Cases under the PCR Act-cum-III Additional Junior Civil Judge, Eluru.

(2.) A private complaint has been filed against the petitioner herein/A-2 and another for the offences punishable under Ss. 138 and 142 of the Negotiable Instruments Act, which was numbered as STC No.52 of 2022 on the file of the learned Special Judicial Magistrate of First Class (Mobile) for trial of Cases under the PCR Act-cum-III Additional Junior Civil Judge, Eluru. Pending the said case, petitioner herein/A-2 filed an application in Crl.MP No.718 of 2022 in STC No.52 of 2022, under Sec. 205 Cr.P.C., praying to dispense with his personal attendance in the said case on the ground that his children are studying in the United Kingdom and as such he is required to travel abroad frequently and because of the said reason attending before the Court on every adjournment would be difficult for him. He further prays to permit his counsel to attend on his behalf in the said case. Learned Magistrate, by an order dtd. 9/1/2023, dismissed the said application, on the ground that the petitioner has to undergo examination under Sec. 251 Cr.P.C.

(3.) Sri P. Veera Reddy, learned Senior Counsel representing Sri P. Badrinath, learned counsel for the petitioner, submits that since the petitioner herein is being represented by a duly authorized pleader, his personal appearance is not necessary for examination under Sec. 251 Cr.P.C., and his duly authorized pleader can be examined under Sec. 251 Cr.P.C. without insisting for the presence of the petitioner herein, and in support of his contention he relied on a decision of this Court reported in K. Rama Chandra Murthy v. State of Andhra Pradesh, (Crl.RC.No.2323 of 2012, dtd. 12/12/2012),.