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High Court for State of TelanganaCRLRC/1118/2013dismissed

Hanumandla Pichi Reddy, v. The State Of Andhra Pradesh,

2015-10-06M.S.K.Jaiswal2 pages

THE HON'BLE SRI JUSTICE M.S.K. JAISWAL CRL. R.C.No.1118 of 2013 ORDER:

This criminal revision petition is filed questioning the correctness of the order passed by the learned Judicial Magistrate of First Class at Suryapet, in Crl.M.P.No.310 of 2013 in C.C.No.743 of 2007 dated 10-04-2013. 2 . Through the impugned order, the learned Magistrate has dismissed the petition filed by the petitioner herein under Section 291 of Cr.P.C., to receive and mark the letter/document dated 18-03-2007, purported to have been addressed by the 2nd respondent-accused to the petitioner-complainant.

3. The facts in brief are that the 2nd respondent/accused obtained a loan of Rs.1,24,000/- from the petitioner and for that, he issued a cheque in question. The letter that is now sought to be filed by the petitioner herein is neither referred to nor mentioned in the complaint filed by him. It is a crucial document, which ought to have been filed or referred to, had it been in the custody of the petitioner at the time of filing of the complaint. There are absolutely no reasons whatsoever, as to why it was not filed or referred to in the complaint filed by the petitioner. The learned Magistrate has taken the correct view of the matter and dismissed the petition. 4 . There are absolutely no merits in the criminal revision case and it is accordingly dismissed.

5. The miscellaneous petitions pending, if any, shall also stand closed. _________________

M.S.K. JAISWAL, J.

Dt.06-10-2015.

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