U.DURGA PRASAD RAO
Enkay Texofood Industries Ltd. – Appellant
Versus
State of Andhra Pradesh – Respondent
U.Durga Prasad Rao, J.—In this petition filed under Section 482 Cr.P.C., the petitioners/A1 and A2 seek to quash the order dated 10.02.2014 in Crl.R.P.No.40 of 2012passed by learned Metropolitan Sessions Judge, Cyberabad at L.B.Nagar, Hyderabad confirming the order dated 11.01.2012 in Crl.M.P.No.1 of 2011 in C.C.No.184 of 2011 passed by II Special Magistrate, Hasthinapuram, Ranga Reddy District.
2. The complainant filed C.C.No.184 of 2011 against A1 to A3 for the offence under Section 138 of Negotiable Instruments Act, 1881 (for short NI Act). In the said case he filed Crl.M.P.No.1 of 2011 under Section 63 of Indian Evidence Act to permit him to mark photostat copy of cheque bearing No.074191 dated 27.10.1999 as secondary evidence. His case was that at the time of filing the case his previous counsel filed original cheque and after taking cognizance, the counsel took back the original cheque to be produced at the time of trial by replacing with a photostat copy. However, the original cheque was misplaced in the office of his counsel and in spite of his best efforts the original cheque could not be traced till date. Hence, he may be permitted to mark the photostat copy of the
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