The High Court · 2025

Mr. Parasuraman Karthik lyer, S/o Late T.V.Parasuraman, Aged about 58 years, Occ. Business, R/o H.No.2, LIC Colony. Dr Radhakrishnan N-agar, Thiruvanhiyur, Chennai-600041. AND ...PETITIONER/ACCUSED No.4 1 lClCl Bank Limited,, Rep. by Ananth Bhat Having its Corporate Office at tClCl Bank Towers, Bandra Kurla Complex, Bandra (E), Ivlumbai-400051 .... RespondenUDefacto Complainant

2. The State of Telangana, Rep by its Public Prosecutor, High Court at Hyderabad ...RESPONDENT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to set asrde the dismissal order dt 13/1012025 in Crl.R.P.No 75/2018 on the file of lll Additional District and Sessions Judge-cum-Principat Family Court, Medchal-Malkajgiri District at Kukatpally and consequently direct lll Additional District and Sessions Judge-cum-Principal Family Court, Medchal-Malkajgiri District at Kukatpally to restore the Crl R.P No.7512018 to its original file for final hearing. l.A. NO: 2 OF 2025 Petition under Sec.52B of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to Stay all further proceedings in C.C NI No.143412021 on the file of ll Additional Junior Civil Judge-cum-X Additional Judicial Magistrate of First Class, Ranga Reddy District at Kukatpally (Old C.C.No.350/2017 on the file ofSpecial -F Magrstrate. Cyberabad at Kukatpalty, Ranga Reddy _ istrict) including the appearance of the petitioner/A4 pending disposal of the abc r e crrminal petition. Thrs Petition coming on for hearing, upon perusi-t I the I\,4emorandum of Grounds of Criminai Petrtion and upon hearing the argL r rents of Sri S. RAM REDDY Advocate for the Petitioner and sri Jitender Rao Vr eramalla Addl. public Prosecutor on behalf of the Respondent No.2 The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION N o.13376 0F 2025 ORDER Thrs Criminal Petition, under Section 528 of BNSS, is frled by the petitioner-accused No.4 seeking to set aside the order, dated 13.10.2025, passed in Crl.R.p No .75 ol 2O1B by the learned lll Additronal District and sessions Judge-cum-principal Family court, I\4edchal-Malkajgiri District at Kukatpally (for short, ,revisional Court'). 2 Heard Sri S. Ram Reddy, learned counsel for the petitioner and sri Jrthender Rao Veeramarra, rearned Additionar public prosecutor for respondent No.2-State. 3 The case of the petitioner is that respondent No. t herein filed C.C No 350 of 2017 on the file of learned Special tVlagistrate, Cyberabad at Kukatpally, againsl the petitioner and others alleging dishonor of cheque. ln the said C C., the petitioner filed Crl.l\/.P No.159 of 2018 seeking discharge The learned Magistrate vide order, dated 12.04.2018, dismissed the same. Challenging the order, dated 12.04.2018, the petitioner has preferred the subject Crl.R.P.No.75 of 2018. The revisional Court vrde impugned order, dated 13.10.2025, dismissed the revision for default observing that no \ l:ll) l rlrl P No ll.176 oL ll)2i arguments were advanced on behalf of the petitioner th ;ugh sufflclent adjournments were granted 4LearnedcounselforthepetitionerSubmittedthatllepetitionerls one of the accused in a case registered under t 1e Negotiable lnstruments Act He further submitted that the subiect I rl.R P may be disposed of on merits, otherwise the rights of the petirirner would get prejudiced and prayed to set aside the impugne: order' dated

13.10 2025

5. Learned Additional Public Prosecutor has sub nitted to pass appropriate orders rn the Criminal Petition

6. Perused the record

7. The record discloses that the discharge petiti( rn filed by the petitioner was dismissed by the trial Court vlde order' dated

12.042018. passed in Crl.tr/l P No 159 of 2018 in C C llo 350 of 2017 Aggrieved by the same, the petitioner filed the subject ' )rl R P and the matter was posted on 13 10.2025 for his arguments after granting several adjournments The revisional Court has passe d docket order' dated 13.10.2025, which reads as follows: ''Today also no arguments are advanced Counsel present and she requested time for - re Junior a r luments ''.tiie.' s ) ETD.J ( rl I \o l1176 of2oli This Court granted sufficient adjournments. This Court do not see any reason to adjourn the matter. Hence, petition is dismissed for default " B. Thus, it is made to understand that the learned counsel appearing for the petitioner before the revisional Court was given enough opportunities for arguing the matter. ln spite of the same, he failed to represent the matter on the said date Hence, the matter was I dismissed for default. 9 lt is to be seen that the original C.C pertains to the year 2017 and still the trial is not yet commenced. The matter is of nine years old. However, to meet the ends of justice, the revision petition filed by the petrtioner should be disposed of on merits by the revisional Court

10. Accordingly, the Criminal Petition is allowed and the order, dated

13.10.2025, passed in Crl.R.P.No-75 of 2018 by the learned lll Additional District and Sessions Judge-cum-Principal Family Court. Medchal-Malkajgiri District at Kukatpally, is set aside and the matter is remanded to the revisional Court for consideratron afresh. The revisional Court shall afford a single opportunity to the petitioner to advance arguments in the subject Crl.R.P. The revisional Court shall fix a date within two (2) weeks from the date of receipt of a copy of this order and hear both the sides on the stipulated date, without granting l i,TD..i tlrl P'\.) 1ll16 ot 201: any adjournment. Considering the same' the revisioir rl Court shall pass appropriate orclers on merits, without being influer 3ed oy any of the observations made by this Court li,4iscellaneous applications, if any, pending shall r; and closed iD/. L.VIJAYA LAXMI TANT REG ISTRAR ASS //TRUE COPY// SECTION O FFICER To

1. The Ill Addl. Drstrict and Sessions Judge-cum-Principa | :amiy Court, It/edch a l-Malkajg rri District

2. The Special Magistrate Cyberabad at Kukatpally 3. One CC to SRl. S RAN/ REDDY Advocate [OPUC] 4. Two CCs to Addl PUBLIC PROSECUTOR 5. Two CD Copies GE/psl o HIGH COURT DATED:15/1 0/2025 I t ORDER CRLP.No.13376 of 2025 a ,) ,Il;- li i,,i. .'. t [.i I z[T i *,' .,,-7 : rj o,a 'r' g t-i': i\- ALLOWING THE CRLP WITHOUT COSTS \l