HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3171 OF 2010 Date: 09.04.2010 Between: Thumma George Reddy ……Petitioner And: The State of A.P., rep. by its PP and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3171 OF 2010 ORDER: Power of Attorney Holder of the accused filed this petition under Section 482 Cr.P.C for quashing proceedings in C.C.No.1465 of 2004 on the file of XI Additional Chief Metropolitan Magistrate, Secunderabad relating to offence punishable under Section 138 of the Negotiable Instruments Act. It is contended by the petitioner’s counsel that allegations in the complaint and evidence recorded by the Magistrate during trial do not prima facie disclose an offence under Section 138 of the Negotiable Instruments Act. I am afraid that this Court in a petition under Section 482 Cr.P.C can pre- assess evidence on record which was recorded by the trial court during trial of the case, in this petition under Section 482 Cr.P.C. It is stated by the petitioner’s counsel that trial of the case was over already and the accused was examined by the court under Section 313 Cr.P.C and arguments were also addressed before the trial court and at that stage, the accused could not attend the lower court as he went to U.S.A for securing Green Card. He says that he has already secured Green Card few days ago and that after observing social security formalities in the United States of America, the accused would come back to India and would receive judgment from the trial court. It is pleaded by the petitioner’s counsel that non-bailable warrant was issued against the petitioner long back and it is pending and that the petitioner apprehends that he will be kept in jail in case he appears before the lower court for getting the warrant recalled. Further, the lower court also took steps under Sections 82 and 83 Cr.P.C for issuing warrant of attachment of his properties. Having regard to all the circumstances of the case, in case, the accused surrenders before the lower court and applies for recalling of non- bailable warrant pending against him on or before 15.07.2010, the lower court will take a lenient view against the accused and would recall the warrant and dispose of the matter expeditiously after hearing further arguments if any and perusing written arguments filed by both the parties already. This facility of lenient view will not be extended beyond 15.07.2010. Subject to the above observation, the petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:09.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3171 OF 2010 Date: 09.04.2010 Gk.