In summons trials, all relevant evidence must be accepted as per Section 254 of the Code of Criminal Procedure, overriding civil procedural rules.

ORDER:

B V L N CHAKRAVARTHI, J.

This Criminal Petition is filed by the petitioner under Section 482 of Code of Criminal Procedure, 1973, seeking quash of the Order dated 18.06.2024 in Crl.M.P.No.1102 of 2024 in C.C.No.124 of 2019 on the file of learned III Additional Judicial Magistrate of Fist Class, Tirupathi District.

2. Heard Sri N.Ramesh Kumar, learned counsel for the petitioner and learned Assistant Public Prosecutor representing the State.

3. Learned counsel for the petitioner would submit that the present petition is filed questioning the Order dated 18.06.2024 in Crl.M.P.No.1102 of 2024 in C.C.No.124 of 2019 passed by the learned III Additional Judicial Magistrate of Fist Class, Tirupathi District on an application filed under Section 254 read with 294 Cr.P.C., seeking permission to receive certain documents as evidence for the petitioner/complainant in C.C.No.124 of 2019 on the file of learned III Additional Judicial Magistrate of Fist Class, Tirupathi District.

4. Learned counsel for the petitioner would submit that the petitioner filed a complaint before the learned Magistrate for the offence punishable under Section 138 read with 142 of the Negotiable Instruments Act, 1881 and the case reached the stage of trial. During the course of trial, the petitioner filed an application as he intends to file certain documents, as evidence on his behalf to prove the offence under Section 138 of the Negotiable Instruments Act, 1881 but the learned Magistrate dismissed the said application on the ground that filing of the additional documents, without referring in the Written Statements nor mentioning in the list of documents in the Written Statement and without assigning reasons for not producing the documents earlier, leave cannot be granted. He relied on judgment of this Court in Kottakota Lakkappa and others Vs. B.Lakkapagiri Chikkaiah and others , 2023 (6) ALT 120 .

5. Learned counsel for the petitioner would further submit that the learned Magistrate on a wrong premise that it is a case of civil nature and opined that Order VII Rule 14 Code of Civil Procedure, 1908 has to be followed. He lose the sight of the matter that the trial before the learned Magistrate is a summons trial governed by the provisions of Cr.P.C., particularly under Chapter XX Cr.P.C. He would submit that Section 254 Cr.P.C., would squarely apply to the facts of the case in hand. Section 254 Cr.P.C., mandates that if the Magistrate does not convict the accused under Section 252 or Section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.

6. The said provision therefore speak that the learned Magistrate has to take all such evidence as may be produced in support of the prosecution/complainant at the time the trial and to protect the rights of the accused, copies of the said documents will be provided to enable him to defend his brief and also to cross-examine the witnesses and accordingly.

7. In the case on hand, copies of the said proposed documents were provided to the accused when the application was filed before the learned Magistrate and no objection was raised by the accused on the application filed by the petitioner.

8. But, the learned Magistrate dismissed the said application applying the Rules under Order VII Rule 14A C.P.C., instead of following Section 254 Cr.P.C., and the said order of the learned Magistrate is not sustainable in law. 9. In support of his arguments, learned counsel for the petitioner relied on the judgment of this Court in Pattivada Balaji Vs. The State of Andhra Pradesh in Crl.P.No.1499 of 2020 wherein it is held as under:

“10. Section 254 (1) CrPC., would speak that if the Magistrate does not convict the accused under section 252 or 253, he/she shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution,