Rameshwar Shah vs State Bank of India

Prayer in this petition is for quashing of criminal complaint bearing No.NACT/47/2017 dated 19.07.2017, filed under Section 138 of the Negotiable

Instruments Act, 1881 and the summoning order dated 11.10.2017 as well as all the subsequent proceedings arising therefrom.

Learned counsel for the petitioner, at the very outset, submits that he may be permitted to withdraw the present petition with liberty to the petitioner to

move an application for discharge along with all the supporting documents and personal appearance of the petitioner before the trial Court may be

exempted permanently during pendency of the trial in view of the judgment of the Hon’ble Supreme Court in

“M/s Meters and Instruments Private Limited and another vs. Kanchan Mehtaâ€​, 2017 (4) RCR (Crl.) 476.

After hearing learned counsel for the petitioner, this petition is disposed of, by granting exemption from personal appearance to the petitioner before

the trial Court subject to the following conditions: -

(i) he will be represented by a counsel;

(ii) he will not delay/stall the proceedings of the trial Court;

(iii) he will not dispute his identity as accused;

(iv) he will have no objection if the prosecution evidence is recorded in his absence but in presence of his counsel;

(v) he will appear before the trial Court as and when required by the trial Court and any other condition which the trial Court may impose.

In case, the petitioner file an application for discharge within a period of 15 days from today, the trial Court will decide the same expeditiously in

accordance with law, preferably within a period of 03 months from the date of receipt of certified copy of this order.

Disposed of, accordingly.