VEMULA POLYMERS PRIVATE LIMITED Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioners are accused questioning the correctness of the order under Sec. 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 and 1352 of 2022 in C.C.No.146 of 2018 dtd. 7/9/2019, 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 crossexamined 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 26/4/2016 to 28/6/2016. 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.