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2025 DAILYLAW 11618 (AP)

SANIVADA SRINU v. THE STATE OF ANDHRA PRADESH

CRLP/2945/2025 · 2025-03-20

Harinath N

body2025

Judgment text

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APHC010135312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2945/2025 Between: Sanivada Srinu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. G V S MEHAR KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2945 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner. 2. The learned counsel for the petitioner submits that the petitioner is facing trial in S.T.C. No.1 of 2024 on the file of the Additional Civil Judge (Junior Division)-cum-Additional Judicial First Class Magistrate, Narsipatnam, Visakhapatnam District, registered for the alleged offence under Section 138 of the Negotiable Instruments Act, 1881. 3. The learned counsel submits that the learned Magistrate, vide order dated 22.10.2024, recalled the bailable warrants issued against the petitioner. This recall was conditional upon the execution of a self- bond for Rs.10,000/- with two sureties and a deposit of 20% of the cheque amount. The learned counsel further submits that requiring the deposit of 20% of the cheque amount at the pre-trial stage is not permissible. 4. As seen from the order dated 22.10.2024, the learned Magistrate is directed to deposit 20% of the cheque amount even before the examination of the petitioner. 5. Considering the same, the docket order dated 22.10.2024 to the extent of directing the petitioner to deposit 20% of the cheque amount is set aside. The rest of the order stands upheld. 3 6. Accordingly, the criminal petition is partly allowed. 7. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ____________________ JUSTICE HARINATH.N BV