ORDER:

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) for quashment of proceedings in S.T.C.N.I.No.134 of 2023 on the file of the learned II-Additional JCJ-cum-II – Metropolitan Magistrate Medchal-Malkajgiri District, at Malkajgiri, against the petitioners/accused Nos.1 & 2.

2. Heard Mr. K.Tejo Bharadwaj, learned counsel for petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.2-State.

3. The petitioners are accused Nos.1 and 2 in S.T.C.N.I.No.134 of 2023, for the offences under Section 138 of Negotiable Instruments Act, 1881.

4. Learned counsel for the petitioners would submit that though the petitioners are resolved to face the proceedings, their presence before the trial Court on each adjournment is causing severe difficulty and affecting their employment. Therefore, prayed for dispensing with their personal appearance unless it is required for the proceedings and such direction would redress their grievance. However, undertakes to personally appear as and when directed by the trial Court.

5. Learned Additional Public Prosecutor submits that there is no specific objection for the prayer, however pleaded for a direction for appearance of the petitioners on the material stages in the proceedings.

6. Having regard to the submissions, subject to the petitioners’ appearance through their counsel on every adjournment and the petitioners’ personal appearance as and when directed by the Court, the personal presence of the petitioners/accused Nos.1 and 2 in the proceedings of S.T.C.N.I.No.134 of 2023, is dispensed with. Additionally it is specified that any lapse in abiding the above conditions would automatically annul this order.

7. With this direction, this Criminal Petition is disposed of.

Miscellaneous petitions, pending if any, shall stand closed.

_______________ N. TUKARAMJI, J