Revision court allowed a petition to mark documents proving a debt for a dishonoured cheque, setting aside the lower court's refusal to recall the witness, conditioned on payment of court fees.
Since the impugned order is set aside and the lower court directed to mark documents upon witness recall contingent upon payment of Rs.3,000 fees.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
MONDAY, THE TWENTY SIXTTH DAY OF JULY TWO THOUSAND AND TEN
PRESENT
HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL REVISION CASE No.1111 OF 2010
Between:
R.K. Steels, Tuni
… PETITIONER
And
J. Trinadha Rao and another
… RESPONDENTS
This Court made the following:
HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL REVISION CASE No.1111 OF 2010
ORDER:
1. The complainant seeks to question order, dated 20.04.2010, passed by the Judicial Magistrate of the First Class, Tuni, in Crl.M.P.No.580 of 2010 in C.C.No.272 of 2008, refusing to recall PW.1 for the purpose of marking documents filed along with the said petition. It is stated that previously when Photostat copies of documents were sought to be filed, the lower Court did not allow the same and that therefore, the petitioner filed original documents into
Court along with the present petition. It is stated that subject matter of the case in the lower Court is one relating to dishonour of cheque issued for Rs.3,38,000/- and that if the documents are not allowed to be marked then the petitioner/complainant would suffer an irreparable loss. The documents are sought to be filed to prove legally enforceable debt for the dishonoured cheque amount.
2. In the circumstances, the Criminal Revision Petition is allowed setting aside the order passed by the lower Court and directing the lower Court to mark documents filed along with the petition by recalling PW.1, on condition of the petitioner/complainant paying Rs.3,000/- to the Mandal Legal Services Committee covering the area including Tuni.
___________________________________ SAMUDRALA GOVINDARAJULU, J
July 26, 2010 MD
HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL REVISION CASE No.1111 OF 2010
July 26, 2010
1 issue framed by the court
Whether to allow the revision petition seeking recall of a witness to mark documents proving a legally enforceable debt for a dishonoured cheque.
R.K. Steels
J. Trinadha Rao
Samudrala Govindarajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
