KALLAM ANURADHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Petition is filed under Section 482 of Cr.P.C., questioning the order, dated 25.06.2019 passed in Crl.M.P.No.1509 of 2019 in C.C.No.81 of 2016 on the file of the VII Special Magistrate, Hyderabad, wherein and whereunder an application for return of the original Passport to the petitioner was dismissed.

(2.) The brief facts of the case are that the second respondent herein filed a private complaint against the petitioner/accused for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. After considering the evidence available on record, the learned Magistrate dismissed the complaint and accordingly acquitted the petitioner on 04.06.2019. It is stated that during pendency of the C.C. and at the time of examination of the petitioner/accused under Section 313 Cr.P.C., the petitioner furnished her Passport bearing No.H0481042 before the Magistrate to show that at the time of issuance of cheque she was at U.S.A., and the said Passport was kept on file as un-marked document. It is further stated that after dismissal of the complaint, on 06.06.2019 the petitioner filed Crl.M.P.No.1509 of 2019 under Section 219 of Criminal Rules of Practice before the trial Court seeking return of the said Passport, which was submitted by her. Vide order, dated 25.06.2019, the learned Magistrate refused to return the Passport. The relevant portion of the order, is as under:

(3.) Being aggrieved by the said order, the present Criminal Petition came to be filed.