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2025 DAILYLAW 13030 (AP)

PALLAVA AJITH PREM v. DASARI CHINA TATA RAO

CRLP/3287/2025 · 2025-03-27

Harinath N

body2025

Judgment text

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1 CRL.P. No.3287 of 2025 APHC010155122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3287/2025 Between: Pallava Ajith Prem and Others ...PETITIONER/ACCUSED(S) AND Dasari China Tata Rao and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. BITRA RAMESH BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court made the following: 2 CRL.P. No.3287 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3287 OF 2025 ORDER: 1. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The petitioners were arraigned as A.1& A.2 in C.C. No.103 of 2023on the file of the Court of the Special Magistrate, Nuzvid, Krishna District, for the alleged offences under Sections 138 and 142 of the Negotiable Instruments Act, 1881. 3. The learned counsel for the petitioners submits that the subject cheque was returned under a memo dated 14.02.2020, issued by the complainant’s banker with an endorsement stating, "Kindly contact the drawer/drawee bank and please present again." It is submitted that the said reason for the return of the cheque does not attract the penal provisions of Section 138 of the Negotiable Instruments Act. The learned counsel further submits that the matter is coming up for defense evidence. 4. Considering the submissions and the status of the case pending trial before the learned Magistrate at this stage, this court is not inclined to interfere with the proceedings in the C.C. 3 CRL.P. No.3287 of 2025 5. Accordingly, the criminal petition is dismissed, leaving it open to the petitioners to raise all these grounds before the learned Magistrate. 6. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. ___________________ JUSTICE HARINATH.N Dt.27.03.2025 BV