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2025 DAILYLAW 14441 (AP)

Avvaru Srinivasa Rao v. The State of Andhra Pradesh

CRLP/3181/2022 · 2025-01-09

Venkata Jyothirmai Pratapa

body2025

Judgment text

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1 APHC010179802022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3181/2022 Between: 1. AVVARU SRINIVASA RAO, S/O SUBBA RAO AGE 57 YEARS, OCC BUSINESS R/O H.NO.2-28-13, CHINTHALAPUDI VARI STREET GANDHINAGAR, TENALI TOWN, GUNTUR DIST ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH 2. P RAVINDRA BABU, S/O VEERA RAGHAVULU AUTHORIZED SIGNATORY, SRIRAM CITY UNION FINANCE LTD., TENALI TOWN, GUNTUR DIST. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. M M M SRINIVASA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973, has been filed by the Petitioner/Accused, to quash the proceedings against him in C.C.No.188 of 2021 on the file of the Court of V Additional Junior Civil Judge, Guntur, for the offences punishable under Sections 138, 142A and 143A of the Negotiable Instruments Act. 2. When the matter is taken up for hearing, Sri M.M.M.Srinivasa Rao, learned counsel for the Petitioner would submit that, simply because the 2 authorized signatory is from Guntur, the case has been filed at Guntur and the Court has no jurisdiction to try the offence against the Petitioner. 3. Notice has not been served on Respondent No.2. 4. Considering the submissions and a fair look at the material on record, this Court is of the considered view that the contention raised before this Court is not purely a question of law since the factual aspects of the matter are also involved in the present case. Notice was not served on other side to hear them. In that view, this Court is not convinced for quashment of the case against the Petitioner. 5. Accordingly, the Criminal Petition is dismissed. However, it is left open to the Petitioner to raise such contention before the trial Court and the learned trial Judge is requested to look into such objection and take appropriate decision according to law. Pending applications, if any, shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:09.01.2025 Dinesh 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.3181 of 2022 Dt.09.01.2025 Dinesh