APHC010141372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3011/2025 Between: A Bala Prasad ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. S PARINEETA 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.3011 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The petitioner is aggrieved by the order, dated 27.01.2025, passed in Crl.M.P. No.459 of 2024 in C.C. No.62 of 2020, by the First Additional Judicial Magistrate of First Class, Tirupati. 3. The petitioner was arraigned as an accused in C.C. No.62 of 2020 for the alleged commission of an offence under Section 138 of the Negotiable Instruments Act, 1881, and is now facing trial before the Court.The petitioner filed an application to recall P.W.1. 4. The learned Magistrate dismissed the petition, observing that the petition for recall of the witness (P.W.1)was devoid of any merit. It was also noted that the petitioner intended to confront the witness with documents filed in a civil suit for recovery. The learned Magistrate further held that the civil remedy for recovery of the amount due under a promissory note or cheque and the criminal remedy for dishonor of the cheque are two different remedies and there is no bar to prosecute the criminal proceedings, when the suit is filed, as the criminal liability is different from civil liability.The learned Magistrate also held that the 3 application was filed at a belated stage solely to delay the proceedings and the process of justice. 5. This Court finds no grounds to interfere with the well reasoned order of the learned Magistrate and accordingly, the criminal petition is liable to be dismissed. 6. In the result, the criminal petition is dismissed. 7. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ____________________ JUSTICE HARINATH.N Dt.21.03.2025 BV