Telangana High Court
K.M. Sridhar vs The State Of Telangana on 2 January, 2024
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI
CRIMINAL PETITION NO.8198 OF 2023
ORDER
In this Criminal Petition, the petitioner is seeking setting aside of
the order dt.10.07.2023 in Crl.M.P.No.1435 of 2023 in CCNI.No.1546
of 2021 on the file of the X Metropolitan Magistrate at Hyderabad
dismissing the application of the petitioner for producing certain other
documents relevant to the case.
2. It is submitted that the trial Court has considered the written
arguments in the said petition and observed that the documents filed by
the petitioner relate to CCNI.No.411 of 2018 which is an independent
cause of action since the cheque number in CCNI.No.411 of 2018 and
the cheque number of the present case are different.
3. The learned counsel for the petitioner submitted that the
documents relevant to the case can be produced at any time or stage of
the trial and the documents sought to be filed are relevant to this case.
He placed reliance upon the judgment of the High Court of Madras in
the case of Sethuraman @ Sethuramachandran Vs. Subbiah 1 and
submitted that the power under Section 482 of Cr.P.C. can be exercised
in a given case provided that the Court is satisfied that substantial
injustice would be caused to the party by not exercising inherent powers.
4. The learned counsel for respondent No.2 opposed the same and
submitted that the trial in the case is at the last stage and filing of
documents now is only to prolong the litigation and not for any other
purpose. He submitted that the said documents are not connected to the
trial in any way.
5. Having regard to the rival contentions and the material on record,
this Court finds that the petitioner had issued two cheques and two
different cases have been filed against him for dishonour of the cheques
and the other case, i.e., CCNI.No.411 of 2018 is in respect of one of the
cheques and the petitioner has been acquitted of the same and the
acquittal has not become final as an appeal has already been filed
against the same and is pending adjudication. The petitioner only
wanted to file the said documents as additional documents in this case
for consideration of his case. In view of the fact that the documents
2010 (2) MWN (Cr.) DCC 104
sought to be filed by the petitioner are already on record in respect of the
very same or similar litigation, this Court does not find any reason as to
why the same should not have been permitted to be filed.
6. In view of the same, the order of the X Metropolitan Magistrate at
Hyderabad dt.10.07.2023 in Crl.M.P.No.1435 of 2023 in CCNI.No.1546
of 2021 is set aside and the trial Court is directed to permit the petitioner
to take on record the said documents and thereafter proceed in
accordance with law. Since the old C.C. is of the year 2018 and it is
renumbered as CCNI.No.1546 of 2021, this Court deems it fit and
proper to direct the trial Court to conclude the trial within a period of six
months from the date of receipt of a copy of this order. The parties are
directed to cooperate by filing all the relevant documents and submitting
their arguments.
7. With the above directions, this Criminal Petition is allowed.
8. Pending miscellaneous petitions, if any, in this Criminal Petition
shall stand closed.
___________________________
JUSTICE T. MADHAVI DEVI
Date: 02.01.2024
Svv
