J. MADHURAVI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This criminal petition is filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioner/Appellant/Accused praying to quash the order dtd. 12/12/2024 in Crl.M.P.No.69 of 2024 in Crl.A.No.166 of 2018 on the file of XII Additional District Judge, Ranga Reddy District at L.B.Nagar. The petitioner herein is the appellant in Crl.A.No.166 of 2018, wherein she filed a petition under Sec. 391 Cr.P.C, praying the Court to receive certified copy of decree and judgment dtd. 5/8/2024 in O.S.No.2622 of 2018.

(2.) The contention of petitioner before the appellate Court is that the complainant has filed C.C.No.269 of 2016 under Sec. 138 of Negotiable Instrument Act against the petitioner herein, and the trial Court has convicted the petitioner and sentenced to undergo R.I for one year and to pay compensation of Rs.13.00 Lakhs. Taking advantage of the conviction, the complainant has also filed suit vide O.S.No.2622 of 2018 on the file of IV Additional Senior Civil Judge at L.B.Nagar, and after full-fledged trial, the suit was dismissed. As such, it is very essential to prove the case of the petitioner/appellant.

(3.) The respondent therein filed counter stating that the document which is sought to be filed has no relevance to the proceedings as the findings recorded in one proceeding may be treated as final or binding in the other as both the cases have to be decided on the basis of evidence adduced therein. Further appeal is filed against the judgment in O.S.No.2622 of 2018, therefore, it cannot be considered and prayed to dismiss the said petition.