Special Magistrate vs Unknown
2022 Latest Caselaw 2754 AP

           HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                     MAIN CASE NO.: Crl.A.No.382 of 2020
                              PROCEEDING SHEET

Sl.                                                                                   OFFICE
        Date                                     ORDER
No.                                                                                    NOTE


01    24.06.2022   SRS,J
                                             I.A.No.1 of 2022

                           This petition is filed with a prayer to return
                   Exs.P3 and P4/original promissory notes which were
                   marked in C.C.No.350 of 2014 on the file of learned
                   Special Magistrate, Nandyal.
                           The petitioner herein filed private complaint
                   under Section 200 Cr.P.C. against respondent No.2 and

the same was numbered as C.C.No.350 of 2014. After full pledged trial, respondent No.2 was convicted for the offence under Section 138 of N.I.Act. Questioning the judgment of the trial Court respondent No.2 preferred Crl.A.No.277 of 2017 on the file of learned III Additional District and Sessions Judge, Kurnool, and the same was allowed by acquitting respondent No.2. Against the judgment of the lower appellate Court the present appeal is preferred.

Heard.

Learned counsel for the petitioner submits that he has filed O.S.Nos.38 and 39 of 2017 on the file of III Additional District Judge, Kurnool at Nandyal, on the strength of promissory notes, dated 27.06.2014 i.e. Exs.P3 and P4 for recovery of amount. He submits that the said suits are coming for marking of documents by the petitioner. Hence, he requires original promissory notes which are marked as Exs.P3 and P4 in C.C.No.350 of 2015.

Learned Special Assistant Public Prosecutor has not opposed the petition.

In view of the averments made in the affidavit and the submissions made by learned counsel for the petitioner, this petition is ordered and the office is directed to return original promissory notes, dated 27.06.2014 which were marked as Exs.P3 and P4 in C.C.No.350 of 2015, to the petitioner under proper acknowledgment, on substitution of the same with certified copies.

________ SRS, J IKN