THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.7523 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner seeking to quash the order dated 02.03.2023 passed in Crl.M.P.No.3540 of 2023 in STC NI No.231 of 2022 by the learned XII Judicial Magistrate of First Class at Hyderabad (for short “trial Court”).

2. Heard the submissions of Sri V.Venkata Subramanyam, learned counsel for the petitioner and the learned Assistant Public Prosecutor, for the respondent No.2 – State.

3. The learned petitioner counsel has submitted that the trial Court has passed a cryptic order allowing the petition filed under Section 65 of the Indian Evidence Act, 1872 (for short ‘the Act’) by the de facto complainant. He further submitted that no reasons are assigned by the learned Magistrate causing grave injustice to the petitioner herein. He further submitted that the trial Court has not given him an opportunity of being heard and has passed only a docket order and therefore, prayed to quash the same.

4. The learned Assistant Public Prosecutor has submitted that the trial Court has passed the orders for marking the documents which can be tested during the course of trial and that when the petitioner would have an opportunity to cross examine the witnesses on the said documents, the present petition need not be entertained.

5. Perused the record. The record reveals that the petitioner herein is facing allegations under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the NI Act’). In the said case, the de facto complainant has filed a petition under Section 65 of the Act to lead secondary evidence in respect of declaration-cum- undertaking, dated 06.11.2021 and to exhibit and mark the said document during the course of evidence. The petitioner herein has also filed his counter opposing the said petition.

6. The learned Magistrate has passed an order dated 02.03.2023 allowing the same. However, it is noticed that the learned Magistrate has not assigned any reasons nor has even mentioned as to whether both the parties were heard. The learned Magistrate has not discussed the merits or otherwise of the application and has simply allowed the petition without there being a speaking order. Therefore, it is opined that the petitioner should be given a chance of hearing and that the learned Magistrate has to state the facts and the reasons for allowing the petition.

7. In the result, the petition is allowed setting aside the order dated 02.03.2023 passed in Crl.M.P.No.3540 of 2023 in STC NI No.231 of 2022 by the learned XII Judicial Magistrate of First Class at Hyderabad and the learned Magistrate is directed to hear both the parties and decide the petition vide Crl.M.P.No.3540 of 2023 on merits in accordance with law, without being influenced by any of the observations made by this Court.

Miscellaneous applications pending, if any, shall stand closed.

_________________________________ JUSTICE TIRUMALA DEVI EADA Date: 11.07.2025 ns