\'A. fm "V •«V I o mm o APHC010115752025 /i IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2484 OF 2025 Between; 1. M/s. Renen Vidhyut Pvt. Ltd. Signatory, Mr. Srivatsava Sunkara C Block, Swagruha Apartments, Bhagyanagar Colony, Kukatpally, Hyderabad. Hyderabad, Rep. by its Authorized Hyderabad, Office at; Flat No.8 2. Mr. Srivatsava Sunkara, Director & Authorized Signatory, M/s. Renen Vidyiuth Pvt. Ltd., Hyderabad, R/o Flat No.8, C Block, Swagruha Apartments, Bhagyanagar Colony, Kukatpally, Hyderabad. ...Petitioner/Accused Nos. 1 & 2 AND 1. The State of Andhra Pradesh, Rep. By its Public Prosecutor. 2. M/S. VSL Solar Energy Private Limited, r Director Mr. Vulchi Shiva Kumar, KandukurTown Represented by their Managing Prakasam District. ...Respondents praying that in the circumstances Petition, the High Court may be pieased to quash the proceedings in CC No. 359 of 2017 pending the file of Additional Munsif Magistrate, Kandukur, this Petitioners/Accused No.1 & 2. Petition under Section 482 of Cr.P.C stated in the Memorandum of Grounds of Criminal on Prakasam District, against lA NO: 2 OF 909^ Petition under Section 482 of Cr.P.C, stated in the Memorandum of Grounds of praying that in the circumstances Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in CC No. 359 of 2017 pending on the file of Additional Munsif Magistrate, Kandukur, Prakasam District, including the appearance of the Petitioners/Accused No.1 & 2, including the appearance of the Accused tiii the disposal of the Main Quash Petition. Counsel for Petitioner No.1; Sri Pavan Kumar Annabathuni Counsei for the Respondent No. 1: The Public Prosecutor Advocate of High Court of Andhra Pradesh. The Court made the following: 1 CRLP.No.2484 of 2025 APHC010115752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2484/2025 Between: M/s Renen Vidhyut Pvt Ltd and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT{S) and Others Counsel for the Petitioner/accused(S): 1.PAVAN KUMAR ANNABATHUNI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: I 2 CRL.P.No.2484 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2484 OF 2025 ORDER: 1. The petitioners are seeking to quash the proceedings in C.C. No.359 of 2017 on the file of the Court of the Additional Munsiff Magistrate, Kandukur, Prakasam District, for the alleged offence under Section 138 of the Negotiable Instruments Act, 1881 [for short, ‘N.l. Act’]. nd 2. The learned counsel for the petitioner submits that the 2 respondent had presented the cheque on 30.11.2015, 15.03.2016, 15.04.2016 and 15.05.2016. The learned counsel further submits that the cause of action would arise soon after the cheque was presented for clearance on the first occasion on 30.11.2015. It is submitted that the 2"'’ respondent has intimated the petitioners about the dishonour of cheque. However, presented the cheque on three other occasions and has taken the date 15.05.2016 as a cause of action and issued a legal notice on 19.05.2016. The learned counsel for the petitioners places reliance on the judgment of the Hon’ble Supreme Court in the matter of Prem Chand Vijay Kumar v. Yashpal Singh and another'’ wherein the Hon’ble Supreme Court has dealt with the ^AIRONLINE2005SC83 I 3 CRi.P.No.2484 of 2025 issue of cause of action for initiating the complaint under Section 138 of the N.I.Act. 3. The conditions which are required to be complied by the complainant for initiating a complaint under Section 138 of the N.I.Act are as follows: The complainant has to present the cheque in the bank within the validity period. A demand for payment of the cheque amount ought to be made in writing within a period of 30 days from the date of receipt of information from the bank. In the event, the drawer of the cheque fails to comply with the legal notice in making payment of the cheque amount within a period of 15 days of the receipt of the said notice. i) ii) iii) 4. It is a settled proposition of law with respect to the date of cause of action for initiating a complaint under section 138 of the N.I.Act. The cheque can be presented any number of times before its validity. The cause of action for initiation of a complaint under Section 138 of the N.I. Act would be the date on which the cheque is returned dishonoured and legal notice is issued within a period of 30 days from the date of dishonour. In the present case the cheque was returned dishonoured on four occasions and the 2"^^ respondent has issued a legal notice on 19.05.2016 by taking the last date of dishonour for the purpose of issuing legal notice. 4 CRLP.No.2484 of 2025 nd 5. There is no infirmity in the procedure adopted by the 2 respondent. The other merits with regard to liability or otherwise would have be redressed before the trial court when the matter is taken up for trial. 6. With these observations, the criminal petition is dismissed. 7. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR ' SECTION OFFICER //TRUE COPY// To, 1. The Additional Munsif Magistrate, Kandukur, Prakasam District. 2. One CC to Sri Pavan Kumar Annabathuni, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Three CD Copies GPC sree HIGH COURT DATED:19/06/2025 ORDER CRLP 2484/2025 DISMISSING THIS CRLP