G. VENKATESHWAR RAO Vs. V. NEELIMA AND ORS.

JUDGEMENT

(1.) IN this petition filed under Section 482 Cr.P.C., the petitioner seeks to quash the order dated 12.12.2014 in Crl. MP No. 457 of 2014 in Crl. A. No. 300 of 2014 passed by learned Metropolitan Sessions Judge, Hyderabad, Ranga Reddy District at L.B. Nagar whereby and whereunder learned Judge dismissed the petition filed by the petitioner/appellant under Section 391 of Cr.P.C., seeking permission to examine the Manager of HSBC Bank, Somajiguda Branch as additional evidence. The factual matrix of the case is thus:

(2.) HEARD .

(3.) PER contra, vehemently opposing the petition, learned Counsel for respondent argued that the evidence which the petitioner now proposes to let -in was very much within his knowledge during the trial but no steps were taken by him to examine him at the relevant time and further even in the appeal also he did not file the petition till the matter came up for arguments and hence the petitioner cannot now let -in new evidence to fill up the lacuna which is impermissible under law. He relied upon several decisions on this aspect.