IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTYFIRST DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NOs.5384 & 5385 OF 2006 Between: M/s Recon Agrotech Limited, rep., by its Customer Service Manager, G. Koteswararao ..... PETITIONER AND 1.M/s. Harita Pesticides rep., by Parnter Yarragalla Venkateswararao and others. .....RESPONDENTS The Court made the following : HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NOs :5384 & 5385 OF 2006 COMMON ORDER: These two petitions are filed by the complainant/respondent in the appeal, under Section 482 Cr.P.C., questioning the orders dated 30.10.2006 passed by the VII Additional District & Sessions Judge (Fast Track Court), Vijayawada in Crl.M.P.Nos.48 of 2006 and 49 of 2006 in Criminal Appeal No.114 of 2004, by which the lower appellate Court allowed the petitions permitting the accused/appellants to recall P.W.1 and to summon Branch Manager, Andhra Bank, Patnam Bazar Branch, Guntur. The petitioner/complainant filed C.C.No.1325 of 2002 on the file of VI Metropolitan Magistrate, Vijayawada against the respondents 1 to 3/accused Nos.1 to 3 for offence punishable under Section 138 of the Negotiable Instruments Act. After trial, the Magistrate convicted A1 to A3 and sentenced them by judgment dated 3.6.2004. As against the said convictions and sentences, A1 to A3 filed Criminal Appeal No.114 of 2004 in the court of VII Additional Sessions Judge (Fast Track Court), Vijayawada. During pendency of that appeal, the appellants/A1 to A3 filed Crl.M.P.No.9 of 2006 under Section 391 Cr.P.C., for receiving certain documents as additional evidence in that appeal. The lower appellate Court by order dated 1.2.2006 allowed the said petition receiving documents as additional evidence in the appeal. As consequence of receipt of additional evidence, the appellants/A1 to A3 filed Crl.M.P.Nos.48 of 2006 and 49 of 2006 in the lower appellate Court under Section 311 Cr.P.C., to recall P.W.1 and to summon Branch Manager of Andhra Bank, for purpose of proving the said additional documents. As consequence of the order dated 1.2.2006 in Crl.M.P.No.9 of 2006, the lower appellate Court allowed Crl.M.P.Nos.48 of 2006 and 49 of 2006. While so, the petitioner/complainant filed Crl.P.No.1101 of 2006 in this Court under Section 482 Cr.P.C., questioning the order dated 1.2.2006 passed by the lower appellate Court in Crl.M.P.No.9 of 2006. This Court by the order dated 27.6.2006 in Crl.P.No.1101 of 2006, set aside the order dated 1.2.2006 in Crl.M.P.No.9 of 2006 passed under Section 391 Cr.P.C and giving liberty to the lower appellate Court to decide relevancy and admissibility of the documents proposed to be filed as additional evidence at the time of final hearing of the appeal. As a consequence of the said order passed by this Court, I am of the opinion that two impugned orders dated 30.10.2006 are also liable to be set aside with the same observations. Accordingly, the impugned orders dated 30.10.2006 are set aside; and however, it is made clear that the lower appellate Court can consider recalling of P.W.1 and summoning of Branch manager of Andhra Bank, Patnam Bazar Branch, Guntur, in case the lower appellate Court decides to receive additional documents in the appeal after considering their relevancy and admissibility. With the said observation, both the Criminal Petitions are disposed of. _________________________________ Justice Samudrala Govindarajulu Date: 31st December, 2009 Nn. HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NOs :5384 & 5385 OF 2006 31.12.2009