M/S. Vemula Polymers Pvt. Ltd vs The State Of Telangana
2023 Latest Caselaw 793 Tel

    HIGH COURT FOR THE STATE OF TELANGANA
                  AT HYDERABAD
                         *****
         Criminal Petition No.8862 OF 2022
Between:


M/s.Vemula Polymers Private Limited.
and others                                 ...Petitioners
                          And
The State of Telangana through
Public Prosecutor, High Court for the
State of Telangana and another.
                                         ... Respondents


DATE OF JUDGMENT PRONOUNCED: 15.02.2023
Submitted for approval.

THE HON'BLE SRI JUSTICE K.SURENDER

 1   Whether Reporters of Local
     newspapers may be allowed to         Yes/No
     see the Judgments?

 2   Whether the copies of judgment
     may be marked to Law                 Yes/No
     Reporters/Journals

 3   Whether Their
     Ladyship/Lordship wish to see        Yes/No
     the fair copy of the Judgment?




                                        __________________
                                         K.SURENDER, J
           * THE HON'BLE SRI JUSTICE K. SURENDER
                     + CRL.P. No. 8862 of 2022


% Dated 06.02.2023
# M/s.Vemula Polymers Private Limited.
and others                             ... Petitioners

                          And
$ The State of Telangana through
Public Prosecutor, High Court for the
State of Telangana and another                   ... Respondents


! Counsel for the Petitioner: Sri K.Buchi Babu


^ Counsel for the Respondents: Sri S.Sudershan

                              Additional Public Prosecutor for R1

                               Sri Vijay B.Paropkari for R2

>HEAD NOTE:

                         ? Cases referred
        THE HONOURABLE SRI JUSTICE K.SURENDER
            CRIMINAL PETITION No.8862 OF 2022

ORDER:

1. The petitioners are accused questioning the correctness of

the order under Section 138 of the Negotiable Instruments Act,

passed by the XIV Additional Judge-cum-XVIII Additional Chief

Metropolitan Magistrate, Secunderabad in Crl.M.P.No.1351 of

2022 & 1352 of 2022 in C.C.No.146 of 2018 dated 07.09.2019,

permitting the complainant to mark certain invoices which are

not brought on record at the earliest point of time.

2. The said invoices were produced by the complainant after

arguments were complete and the accused had already cross-

examined and revealed their defence. Initially, when the notice

was issued and referred to invoices mentioned, it was elicited

during the cross-examination that the outstanding towards the

said invoices have been discharged. Now the claim of the

complainant is that the outstanding is not against the invoices

that were earlier mentioned but the outstanding is with respect

to the invoices which are now filed.

3. Further, according to the learned counsel for the

petitioners/accused, the invoices mentioned in the notice were

up to 26.04.2016 to 28.06.2016. As stated above, the

complainant during the course of cross-examination admitted that the said outstanding against the said invoices were already

paid. In the said circumstances, the complainant cannot come

up with a new case after the accused had cross-examined and

P.W.1 has admitted that the outstanding debt has already been

discharged.

4. Learned Magistrate had thought it fit to admit the evidence

and taken on record for the purpose of adjudication. Since the

admittance of the documents are subject to its proof and

relevancy, further the accused will have an opportunity to cross-

examine the witness in respect of the said documents, I do not

find any infirmity with the order of the learned Magistrate.

Needless to say, the earlier admissions made by P.W.1 regarding

payment of the outstanding towards invoices shall be considered

by the learned Magistrate and the Court cannot accept any new

case made out by the complainant after completion of the cross-

examination and defence of the accused. The said aspect shall be

kept in mind by the learned Magistrate.

5. With the above direction, the Criminal Petition is disposed off. Miscellaneous applications pending, if any, shall stand disposed.

_________________ K.SURENDER, J Date: 15.02.2023 kvs THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No. 8862 OF 2022

Dt. 15.02.2023

kvs