Criminal Petition No. 5857 of 2012 · Andhra Pradesh High Court

Section 311 Cr.P.C. The complaint in the lower Court is one under Section 138 of the Negotiable Instruments Act, 1881 (in short, the Act). It was filed in the year 2008. After completion of trial, when the case was coming up for arguments, the complainant came up with the petition. 3 documents sought to be filed as additional evidence in the Criminal Court are 1) certified copy of plaint, 2) certified copy of written statement and 3) certified copy of promissory note. They are totally irrelevant for the purpose of disposal of the criminal case under the said Act. The said suit was filed 2 years after filing of the criminal case in the lower Court as O.S.No.6 of 2010. It is evident that the petitioner’s intention is to drag on his own criminal case for obvious reasons. There are absolutely no merits as well as bona fides on the part of the petitioner. The lower Court rightly dismissed the petition refusing to permit the petitioner to invoke Section 311 Cr.P.C. Hence, the Criminal Petition is dismissed. ____________________________ SAMUDRALA GOVINDARAJULU,J Dt. 6th August, 2012. PNV