1 APHC010159322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3420/2025 Between: Kanakatala Srinivas ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. SODUM ANVESHA 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.3420 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 17.02.2025, passed in Crl.M.P.No.60 of 2025, in CRL.A.No.309 of 2023, by the IV Additional District & Sessions Judge, Tanuku, West Godavari District. 3. The petitioner is a third party to Crl.M.P.No.60 of 2025 in Crl.A.No.309 of 2023. 4. The case of the petitioner is that he is the de facto complainant in Crime No.1 of 2012. Based on his complaint, the Tanuku Town Police Station registered the case against respondents 1 and 2. After conducting an investigation, the police filed a charge sheet before the Principal Junior Civil Judge-cum-Judicial Magistrate of the First Class, Tanuku. The learned Magistrate has taken on file the charge sheet in C.C.No.122 of 2012. This case ended up in acquittal. The prosecution carried the matter to the appeal and sought to bring on record the copy of the decree dated 06.04.2023, passed in O.S.No.40 of 2013, which was filed by the de facto complainant against respondents 1 and 2 (A.1 and A.2 in C.C.No.122 of 2012). 5. The learned counsel for the petitioner submits that the subject cheque in the criminal case is one of the cheques involved in the civil suit. 3 Initially, the relief sought in the suit was for specific performance. However, it was subsequently modified for refund of the amount. 6. The learned counsel further submits that the Senior Civil Judge, Tanuku, after an elaborate trial, decreed the suit and directed the 1stdefendant therein (A1 in C.C. No. 122 of 2012) to refund an amount of Rs.6,00,000/- to the plaintiff (petitioner herein), together with interest. 7. It is submitted that the decree passed in the civil suit by the Court of the Senior Civil Judge would have a bearing on the merits of the criminal appeal. Since the suit was decreed on 06.04.2023, it could not have been presented before the learned Magistrate during the trial of the criminal case. However, the learned IV Additional District & Sessions Judge, West Godavari, dismissed the Crl.M.P.No.60 of 2025 filed by the prosecution on the grounds that the burdens of proof in criminal and civil cases are different and that the standard of proof in civil cases may not have bearing on the criminal case. 8. Considering the submissions of the learned counsel for the petitioner, it is evident that the decree passed by the Court of the Senior Civil Judge pertains to the amount recovered by the plaintiffs as ascertained after trial. As seen from the decree, Cheque No. 411373 forms part of the subject matter in C.C. No. 122 of 2012, and the transaction pertains to the advance paid by the petitioner to respondents 1 and 2 (A.1 and A.2) for the purchase of property. The learned Senior Civil Judge having noted that the property was in dispute and that no reasonable man 4 would like to purchase the property in dispute, and hence, the plaintiff was justified in maintaining a suit for the return of the advance amount rather than seeking specific performance. 9. Considering the submissions, this Court is inclined to set aside the Order dated 17.02.2025, passed in Crl.M.P.No.60 of 2025, in Crl.A.No.309 of 2023, by the IV Additional District & Sessions Judge, Tanuku. The learned IV Additional District Judge is directed to accept the certified copy of the judgment and decree passed in O.S.No.40 of 2013 by the Court of the Senior Civil Judge, Tanuku, for the purpose of considering the appeal on its merits. 10. With these observations, the criminal petition is allowed. 11. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ___________________ JUSTICE HARINATH.N Dt.01.04.2025 BV