MADDI RAMESH BABU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Both these Criminal Petitions, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code'), are filed by the petitioner - complainant represented by his General Power of Attorney Holder, to quash the common order, dated 04.09.2018, in Crl.M.P. Nos.979 of 2018 and 980 of 2018 in Calendar Case No.162 of 2017, passed by the learned Special Magistrate Court-I, Rajendranagar, Ranga Reddy District, dismissing the petitions filed by the petitioner to recall PW.1 and to receive documents along with Crl.M.P. No.978 of 2018 filed for reopen the case.

(2.) The petitioner herein is the complainant - Maddi Ramesh Babu, while respondent No.2 is the accused - Challa Anil Chowdary, in Calendar Case No.162 of 2017, pending on the file of the learned Special Magistrate Court-I, Ranga Reddy District at Rajendranagar. The said case is filed by the petitioner - complainant represented by his GPA Holder - Maddi Madan Mohan against respondent No.2 - accused for the offence punishable under Section 132 read with 142 of the Negotiable Instruments Act, 1881 (for short 'Act 1881').

(3.) When the aforesaid case was posted to pronouncement of judgment, a day prior to it, the GPA Holder of complainant filed Crl.M.P. No.979 of 2018 under Section 311 of the Code to recall PW.1, while Crl.M.P. No.980 of 2018 under Section 254 (1) of the Code to receive the documents, such as promissory note dated 10.08.2012 executed by accused in favour of the complainant; reply notice dated 19.09.2017 issued by the accused; E.mails 32 in number sent by the accused and original sale deed bearing document No.5397 of 2008, and also another Crl.M.P. No.978 of 2018 to reopen the case before the Court below alleging that he was examined as PW.1 and marked Exs. P-1 to P-15; that at the time of examination of PW.1, due to communication gap between himself and the complainant, the aforesaid documents were not filed before the Court below which are essential to establish the case of complainant and, therefore, the GPA Holder requested to reopen the case and recall PW.1 by receiving the documents for marking the same.