Kunuru Eswara Rao vs The State Of Andhra Pradesh
2022 Latest Caselaw 8891 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                        Crl.P.No.5252 of 2022

ORDER:

The petitioner was accused in C.C.No.726 of 2014 in the Court of

the III Additional Chief Metropolitan Magistrate, Gajuwaka for the offences

punishable under Sections 138 of the Negotiable Instruments Act, 1881.

2. The petitioner had contended before the trial Court that he

had no commercial transactions with the respondent herein and that the

cheque had been given to a financier by name Sri M.V. Krishna Reddy

along with a promissory note, which has been misused by Sri M.V. Krishna

Reddy, who had set up the respondent herein against the petitioner. The

petitioner also took the ground that the respondent herein did not have

the financial capacity to advance a sum of Rs.5,00,000/-, which was the

amount shown in the cheque.

3. The trial Court, after trial, had convicted the petitioner and

passed a sentence. Aggrieved by the same, the petitioner approached the

XIII Additional District Judge, Gajuwaka by filing Crl.A.No.574 of 2018.

Thereafter, the petitioner had filed Crl.M.P.No.58 of 2020 before the IV

Additional Metropolitan Sessions Judge, Gajuwaka, contending that Sri

M.V. Krishna Reddy had filed O.S.No.295 of 2015 before the Principal

Senior Civil Judge, Gajuwaka for recovery of certain amounts claimed by

him and that production of the record of that suit, and more specifically

the promissory note in the said suit, would show that the respondent was 2 RRR,J Crl.P.No.5252 of 2022

set up by Sri M.V. Krishna Reddy to harass the petitioner herein and the

same can be proved by production of the record in the above suit. After

hearing both sides the appellate Court dismissed the said application by

order dated 17.01.2022. Aggrieved by the same, the petitioner has now

approached this Court by way of the present criminal petition.

4. The appellate Court, after considering the submissions made

by both sides, had held that the judgment and decree in O.S.No.295 of

2015 was already marked in Ex.P.5 in the trial Court and that the

petitioner had been given adequate and sufficient opportunity to adduce

whatever evidence he wanted to adduce. The appellate Court also took

the view that calling for the entire record of the suit was not permissible

and further exercise of power under Section 391 Cr.P.C., has to be done

sparingly with caution for meeting the ends of justice and not for filling up

the lacunae in the case of the summoning party.

5. Heard Sri P. Venkata Rama Sarma, learned counsel

appearing for the petitioner and Sri G. Ram Gopal, learned counsel

appearing for the 2nd respondent.

6. Sri. P.Venkata Rama Sarma, learned counsel for the

petitioner would submit that the petitioner is not insisting on summoning

the entire record of the suit, but only the promissory note marked in the

said suit. He submits that the comparison of the promissory note with the

cheque, relied upon in these proceedings, would show that both the

documents had been signed on the same day, and consequently, it would 3 RRR,J Crl.P.No.5252 of 2022

have to be inferred that Sri M.V. Krishna Reddy had been the recipient of

both the cheque and the promissory note. He submits that such a

conclusion would also mean that the cheque was never given to the

respondent herein.

7. The petitioner has not made out any such clear case either

in the petition for summoning the documents or in the arguments made

before the appellate Court.

8. This Court is of the opinion that the view taken by the

appellate Court, both on the ground of the purpose for which an

application under Section 391 Cr.P.C., can be allowed and on the ground

that the petitioner had been given sufficient opportunity, should not be

interfered with.

Accordingly, this criminal petition is dismissed. As a sequel, pending

miscellaneous petitions, if any, shall stand closed.

_________________________ R. RAGHUNANDAN RAO, J.

21st November, 2022 Js.

                          4                            RRR,J
                                       Crl.P.No.5252 of 2022


      HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




               Crl.P.No.5252 of 2022




                21st November, 2022
Js.