CRLP/7779/2024 of YERRAMANENI RATHAIAH Vs THE STATE OF ANDHRA PRADESH

APHC010486472024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457] (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7779/2024 Between: Yerramaneni Rathaiah ...PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT(S) Pradesh and Others Counsel for the Petitioner/accused: 1. P MALLIKHARJUNA RAO Counsel for the Respondent/complainant(S): 1. MADHAVA RAO NALLURI 2. PUBLIC PROSECUTOR HN, J CRL.P.No.7779_2024 2 The Court made the following Order: 1. The petitioner is challenging the order passed by the II Additional Judicial Magistrate of I Class, Ongole, in Crl.M.P.No.560 of 2024, in STC No.3180 of 2022. 2. The petitioner is an accused in STC No.3180 of 2022, on the file of the II Additional Judicial Magistrate of I Class, for the alleged offence under Section 138 of the NI Act. The petitioner filed a petition under Section 311 of the Cr.P.C for the recall of PW1 to confront the original promissory note. 3. The learned Magistrate, while dismissing the petition filed by the petitioner, observed that the promissory note was already marked as Ex.P5 and t