THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL REVISION CASE No. 155 of 2009 ORDER: This Criminal Revision Case is filed questioning the order dated 06.01.2009 in S.T.C.No.34 of 2008 on the file of the Principal Junior Civil Judge, Kadapa. A complaint under Section 138 of the Negotiable Instruments Act, 1881 was filed against the revision petitioner herein and the chief affidavits of the complainant and other witnesses are said to have been filed. But subsequently, a memo is said to have been filed on 02.01.2009 to receive about 9 documents for marking the same. Counter has been filed by the revision petitioner for the method adopted in filing these documents. But, however, the lower Court did not accept the contention and allowed the memo and the documents filed along with the memo can be considered for marking on behalf of the complainant and the petitioner will have an opportunity to cross- examine the witnesses. Evidently, mere filing of number of documents in the Court and receiving the same will not serve any purpose or cause any prejudice to the other side. If the documents relied on by the prosecution are to be marked, it can only be by evidence affidavit or evidence recorded in the Court. Therefore, the stage as to whether the documents are relevant or not and as to whether they have got any evidentiary value or not, merely because the documents are only filed with a memo without referring to any affidavit. It may be an irregularity but not an illegality to quash the order of the lower Court. But, however, it is needless to say that these documents by themselves cannot be marked without the reference in the evidence of the competent witnesses and also the relevancy of it and thereafter the petitioner can have all the opportunity to cross-examine the witnesses. Therefore, in view of the above circumstances, I do not find any infirmity in allowing the memo to file the documents before the lower Court. Accordingly, the Criminal Revision Case is dismissed. ________________________ N.R.L. NAGESWARA RAO, J Date: 01-11-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL REVISION CASE No. 155 of 2009 DATE: 01-11-2011 MR