CHIKATIMARLA SATYA SAI Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner, who is accused in C.C.No.249 of 2006 on the file of Additional Judicial Magistrate of I Class, Avanigadda for the offences punishable under Sections 379, 463 and 465 IPC, filed this application under Section 482 Cr.P.C. to quash the proceedings as there is a violation procedure prescribed under Section 244 Cr.P.C. and on the ground of delay of three years for taking up the trial after taking cognizance of the offence.

(2.) A private complaint was filed under Sections 379, 463 and 465 IPC against the petitioner alleging that he has stolen a cheque and presented to the bank, which was bounced.

(3.) The petitioner contended that he filed a case against the de facto-complainant under Section 138 of the Negotiable Instruments Act. The accused in the said case took a specific plea that the petitioner has stolen a cheque from him and presented the same before the bank. By accepting the said contention, the accused i.e., the complainant herein was acquitted by the said Court and an appeal is pending against the said judgment. During the pendency of the said case, the complainant filed the present complaint before the lower Court and the Court took cognizance of the offences and examined the complainant and his witnesses and the petitioner also cross-examined the witnesses and charges have been framed and the matter is posted for trial.