Vutla Gopichand v. G.Ravi

THE HON'BLE SRI JUSTICE M.S.K. JAISWAL Criminal Revision Case No. 1272 of 2015 Order:

This Criminal Revision Case is directed against the orders, dated 12.06.2015, passed in Crl.M.P.No.993 of 2015 in CC No.55 of 2015 by the Special Magistrate VI, Hyderabad.

2. The main grievance of the petitioner/accused in this revision is that the alleged promissory note, which has not been referred to either in the complaint or in the evidence affidavit, has been filed by way of additional evidence and the same has been erroneously received by the Court below in evidence.

3. Heard the learned counsel for the petitioner/accused and perused the material placed on record. In the reply notice issued by the petitioner/accused itself, he has clearly mentioned that he has given a blank promissory note to the respondent/de facto complainant. Therefore, receiving the promissory note as additional evidence before commencement of trial, do not cause any prejudice to the petitioner/accused, that too when the same has been received by the Court below subject to proof and cross-examination. The Criminal Revision Case is devoid of merit and the same is liable to be dismissed.

4. Accordingly, the Criminal Revision Case is dismissed.

5. As a sequel thereto, the miscellaneous petitions, if any, pending in the Criminal Revision Case shall stand closed. __________________ M.S.K. JAISWAL, J.

Date: 09.07.2015 Nsr