K RAMA DEVI Vs. CHERUKU SULOCHANA AND ORS

JUDGEMENT

(1.) In C.C.No.326 of 2012 filed by Smt. Cherukuru Sulochana for the offence under Section 138 of the Negotiable Instruments Act (for short 'the Act') for dishonour of Ex.P1 cheque said to have been issued by the accused for the amount borrowed, from the completion of the evidence of complainant and after 3 witnesses in defence on behalf of the accused were examined, the accused filed Crl.M.P.No.646 of 2016 under Section 45 of Indian Evidence Act to send the disputed script on Ex.P1 cheque and Ex.D7 script on the Ex.P6 bank voucher for comparison and opinion and the same on contest ended in dismissal by order dated 10.01.2017, Crl.R.C.No.205 of 2017 is filed by the accused.

(2.) Similarly the accused filed Crl.M.P.No.45 of 2017 to summon one Mr. Ravikumar Reddy, brother-in-law of one Subba Reddy Proprietor of Sai Baba Electronics, Nellore, to prove the defence that accused never borrowed any amount from the complainant, but purchased TV by availing finance from Sai Baba Electronics shop and at that time the Proprietor Subba Reddy obtained 2 blank cheques and one pro-note towards security and for loan and later accused repaid the loan amount and said Subba Reddy's brother in law i.e., Ravikumar Reddy went to the house to bring the blank cheques and pro-notes, however stated that only one blank cheque and pro-note is available and another cheque bearing No.010637 was missing and a letter was executed to that effect by said Ravikumar Reddy on 08.01.2012 and the same was already filed in Crl.M.P.No.483 of 2016 to summon the said Ravikumar Reddy was allowed but the witness did not turn up from which the learned Magistrate closed the evidence and examination of said Ravikumar Reddy is essential hence to reopen and to summon said Ravikumar Reddy and the same when sought for, the learned Magistrate dismissed the same on 25.01.2017 and impugning the same Crl.R.C.No.285 of 2017filed.

(3.) Coming to the other revision Crl.R.C.No.286 of 2017 by the accused concerned in Crl.M.P.No.68 of 2017 accused filed application to summon said Subba Reddy Proprietor of Sai Baba Electronics in relation to the facts referredto summon A. Ravi Kumar Reddy and the same after contest since ended in dismissal on 25.01.2017, the revision is maintained.