THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE NO.318 OF 2025

ORDER:

This Criminal Revision Case is filed questioning the Order dated 12.04.2024 in Crl.M.P.No.202 of 2024 in C.C.No.302481 of 2018 on the file of the XIV Additional Judge-cum-XVIII Additional Chief Metropolitan Magistrate, Secunderabad.

2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for respondent No.1-

State and perused the record.

3. The learned Magistrate permitted respondent No.2/complainant to lead secondary evidence relating to documents, i.e., Photostat copies of postal returned envelopes and postal receipts, which were filed along with the complaint, under Section 138 of the Negotiable Instruments Act, 1881. It was not disputed that the originals of the documents were filed before the Court below at the time of filing of the complaint. Learned Magistrate found that the case was transferred more than once to Courts for which reason the original documents, which were filed, were lost. In the said circumstances, learned Magistrate deemed it appropriate to invoke the provisions under Sections 63 and 65 of the Evidence Act.

4. It is relevant to refer Sections