THE HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL PETITION No.4990 OF 2010 ORDER:- This application is filed by the petitioner under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) to set aside the order dated 17.05.2010 in Crl.M.P.No.2463 of 2010 in C.C.No.340 of 2008 on the file of the XV Additional Judge-cum-XIX Additional Chief Metropolitan Magistrate, Hyderabad. A case under Section 138 of the Negotiable Instruments Act was filed on the basis of a cheque, which is said to have been issued for a sum of Rs.12,00,000/- by the accused in favour of the complainant, who is the petitioner herein. After the trial, when the matter was coming up for arguments the petitioner has filed an application to summon the Manager, Andhra Bank, Baghamberpet to prove the transactions and also Ex.P-7, which is account book in favour of the complainant and his son. The claim of the complainant is that the respondent/ accused has disputed about the genuineness of it. But, however, the Court felt in the cross-examination that the accused did not dispute the genuineness of Ex.P-7 document nor the entries thereunder. Evidently, it is not a case where a presumption is to be drawn and the petitioner wants to summon the Bank Manager to prove the nature of the transactions between the accused and the complainant. Though, it can be stated that there is some delay in filing this application, however, in the interest of justice and in view of the fact that huge money is said to have been paid and the cheque has been said to have been bounced, an opportunity can be genuinely given to the complainant, which will not prejudice the defence or otherwise of the accused. Instead of keeping lacunae when the matter comes for higher Courts, it is the duty of the Court at the trial stage to give an opportunity to adduce the necessary evidence. Therefore, keeping in view the above circumstances, the order in Crl.M.P.No.2463 of 2010 is set aside and the complainant is permitted to take summons to the Manager, Andhra Bank, Baghamberpet to give evidence touching on the dispute between the parties. Thereafter, the accused on examination under Section 313 of Cr.P.C., should also be given an opportunity to adduce any other evidence if he wants to adduce. Accordingly, the Criminal Petition is disposed of. ______________________ N.R.L. NAGESWARA RAO, J Date: 29-12-2011 MR THE HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL PETITION No.4990 OF 2010 Date: 29-12-2011 MR