ORDER:

The 2nd respondent herein filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) vide C.C.No.41 of 2017 on the file of learned II Additional Judicial Magistrate of I Class, Eluru, to take cognizance against the petitioner/accused for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (for short “N.I Act”).

2. The petitioner/accused filed an application vide Crl.M.P.No.1584 of 2019 in C.C.No.41 of 2017 on the file of learned II Additional Judicial Magistrate of I Class, Eluru, under Section 311 of Cr.P.C., for summoning the witness Sri.K.Someswara Rao, Station Writer of Eluru III Town Police Station, to appear before the Court and to give evidence.

3. In the said application the petitioner/accused asserted that, he lodged a report against the husband of the 2nd respondent/complainant in Crime No.130 of 2016 of Eluru III Town Police Station under Section 506 and 448 of the Indian Penal Code and Section 3(1)(X) of the Schedule Castes and the Schedule Tribes (Prevention of atrocities) Act, 1989 and the FIR was registered by the station writer of Eluru III Town police station, he is crucial witness to prove the case. The learned Magistrate dismissed the said application by an order dated 24.04.2019, observing that the examination of the station writer is not necessary, as the issue involved in C.C.No.41 of 2017 pertains to cheque bounce case and his evidence about registration of the crime against the husband of the complainant is not relevant.

4. The petitioner/accused has admitted his signature on the cheque and the evidence of the station writer is no where relevant for the present facts of the case. To summon a witness under Section 311 of Cr.P.C., the evidence of such witness appear to be essential to arrive just decision of the case.

5. The case lodged against the petitioner/accused and against the husband of the 2nd respondent/complainant is entirely different cases and the case in hand relating to cheque bounce case. As his evidence is nowhere relevant in the present case, there is no such essentiality to recall the station writer to arrive to just decision of the case. And it is manifest that the said application was filed only to drag the proceedings in cheque bounce case.

6. Therefore, this Court is not inclined to interdict with the order passed by the learned Magistrate in Crl.M.P.No.1584 of 2019 in C.C.No.41 of 2017, on the file of learned II Additional Judicial Magistrate of I Class, Eluru.

7. Accordingly, the Criminal Petition is dismissed.

As a sequel, miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

_________________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date:14.03.2024 KBN THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO CRIMINAL PETITION No.3631 OF 2019 Date:14-03-2024

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