KADIVETI RAMANAIAH Vs. PONGURI PRABHAKARA REDDY

JUDGEMENT

(1.) The instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 (In short "Cr.P.C.") is filed by the Petitioner/Accused, seeking to direct the learned Additional Judicial Magistrate of First Class, Srikalahasti, Chittoor District,(In short, "Magistrate Court") to accept his evidence in the form of chief examination affidavit in C.C.No.315 of 2017.

(2.) The Respondent No.1 herein filed a complaint in C.C.No.315 of 2017 before the learned Magistrate, against the Petitioner/Accused for the offence under Sec. 138 of Negotiable Instruments Act, 1881(In short "the Act") for dishonour of cheque, alleged to have been issued in discharge of legally enforceable debt. At the stage of examination under Sec. 313 Cr.P.C., the petitioner/accused filed his chief examination affidavit before the trial Court and the same was not accepted by the learned Magistrate.

(3.) Thereafter, the petitioner filed Crl.M.P.No.514 of 2020 in C.C.No.315 of 2017 to permit him to file his evidence affidavit under Sec. 145 of the Act and the same was dismissed by the trial Court. Aggrieved by the said Order of dismissal, the present petition has been filed.