MADDALA SRI GOWTHAM v. THE STATE OF ANDHRA PRADESH
CRLP/2458/2025 · 2025-03-10
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10106 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10106 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010113612025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
CRIMINAL PETITION NO: 2458/2025 Between: Maddala Sri Gowtham ...PETITIONER/ACCUSED
AND
The State Of Andhra Pradesh and Others
...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused:
1. MANGENA SREE RAMA RAO
Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
HN, J Crl.P.No.2458_2025
2 The Court made the following Order: The petitioner is seeking to quash the C.C.No.450 of 2018 on the file of the I Additional Judicial Magistrate of I Class, Bhimavaram. 2. The petitioner is arraigned as an accused in C.C.No.450 of 2018 for the alleged offence under Sections 138 and 145 of the Negotiable Instruments Act, 1881, (for short, “NI Act”). 3. The learned counsel for the petitioner/accused submits that the without service of the statutory notice, the respondent No.2/complainant lodged a complaint. In that regard, the petitioner filed Crl.M.P.No.1226 of 2022 to summon the beat book relating to the service of the notice on the alleged date of service. Upon dismissal of the said petition, the petitioner filed Criminal Petition No.8762 of 2022. This Court disposed off the criminal petition on 03.01.2025, observing that it was not necessary to call for the beat list from the postal authorities to prove the said facts. It was also observed that it is not the case of the petitioner/accused that it is not his address. With these observations, this Court left it to the learned trial judge to appreciate the contentions raised by the petitioner in his returns and take an appropriate decision according to law. HN, J Crl.P.No.2458_2025
3
4. The present criminal petition is filed seeking the quashing of C.C.No.450 of 2018. It is submitted that the petitioner was acquitted in C.C.Nos.45 and 48 of 2017, on the file of the II Additional Judicial I Class Magistrate, Bhimavaram. It is further submitted that this case arises out of the same transaction, and thus, the petitioner seeks for a quash. 5. Considering the submissions, this Court, without going into the merits of the matter, deems it appropriate to dispose off the criminal petition, leaving it open to the petitioner to take all grounds as raised in the quash petition before the trial Court. 6. With these observations, the criminal petition is disposed off.
As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 10.03.2025 NKA
HN, J Crl.P.No.2458_2025
4 182 HONOURABLE SRI JUSTICE HARINATH.N
Criminal Petition No.2458 of 2025
Date: 10.03.2025
NKA