IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3039 OF 2022 Between: Thummepally Padmavathi, W/o.Mallikarjuna Rao Aged about 40 R/o.13-170, Muthyala Road, Jaggaiahpeta, Krishna District. years, ...PETITIONER/ACCUSED N0.3 AND 1. Satti Mohana Rao,, S/o.T.Satyanarayana, Aged about 45 years, Occ- Business, R/o.Pochampally Village, Jaggiahpeta Mandal, Krishna District. 2. The State of Andhra Pradesh,, Rep.by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravathi. ...RESPONDENT/COMPLAINANTS Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings in C.C.No.244/2021 on the file of the Judicial First Class Magistrate, Jaggaiahpeta, Krishna District to the extent of the Petitioner is concerned in the interest of justice I.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to grant stay of all further proceedings including appearance of the Petitioner in C.C.No.244/2021 on the file of the Judicial First Class Magistrate, Jaggaiahpeta, Krishna District pending disposal of the above CrI.P. in the interest of Justice This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P NAGENDRA REDDY ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.2 and of Sri_GANGADHAR CHAMARTY Advocate for the Respondent No.1 The Court made the following ORDER : APHC010183202022 oLiao^,^1: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) cSm EwS [3396] FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3039/2022 Between: 1.THUMMEPALLY PADMAVATHl, W/O.MALLIKARJUNA RAO AGED ABOUT 40 YEARS, R/O.13-170, MUTHYALA ROAD, JAGGAIAHPETA, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND AGED ABOUT 45 1.SATTI MOHANA RAO, S/O.T.SATYANARAYANA YEARS, OCC- BUSINESS, R/O.POCHAMPALLY VILLAGE, JAGGIAHPETA MANDAL, KRISHNA DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATHI. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.P NAGENDRA REDDY Counsel for the Respondent/complainant(S): 1.SAI GANGADHAR CHAMARTY 2. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section 482 of Code of Criminal Procedure, 1973^ has been filed by the Petitioner/Accused No.3, seeking to quash the proceedings against her in C.C.No.244 of 2021 on the file of the Court of Judicial Magistrate of First Class, Jaggaiahpeta, Krishna District, registered for the offence punishable under Sections 138 and 142 of Negotiable Instruments Act,1881.2 1 for short 'Cr.P.C ^ for short 'the N.I. Act' 2 2. Heard Sri P.Nagendra Reddy, learned counsel for the Petitioner and Sri Sai Gangadhar Chamarty, learned counsel for Respondent No.1. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor is in attendance. 3. Learned counsel for the Petitioner would submit that the complaint does not disclose the involvement of the Petitioner in the alleged transaction. Learned counsel would further submit that, merely because Petitioner of the partners of A. 1-Company, she cannot be prosecuted for the alleged It is submitted that even according to the Complainant, Accused No.2 had issued the cheque of A. 1-Company. Learned counsel would finally submit that there are no grounds to continue the proceedings against the Petitioner. Hence, prayed for quashment of the same. Learned counsel for Respondent No.1 would submit that there specific allegations against the Petitioner. It is submitted that the Petitioner had knowledge about issuance of the subject cheque and as such, she is also responsible for the commission of the alleged offence, would finally submit that there are no grounds to quash the proceedings against the Petitioner. Hence, prayed for dismissal of the petition. As seen from the complaint, from 23.04.2019 to 11.05.2019, Respondent No.1/Complainant had supplied various varieties of paddy to A.1- Industry and in view of the same, A.1 fell due of Rs.26,93,526/- to Respondent No.1. While so. Accused No.2 in the capacity of Managing Partner of A.1- Industry executed an agreement to pay the said amount. Subsequently, after several demands. Accused No.2 got issued two cheques of A.1-Industry vide IS one offence. 4. are Learned counsel 5. 3 cheque bearing Nos.001066 for Rs.16,86,672/- and 001067 for Rs. 10,00,000/- and on presentation of the same by Respondent No.1, the said cheques were dishonoured with an endorsement “Funds Insufficient”. As such, the present complaint has been lodged against Accused Nos.1 to 3 for the alleged offences. The subject cheques were issued in the name of A. 1-Industry by Accused No.2, who is its Managing Partner. As rightly put by the learned counsel for the Petitioner, mere allegation that Petitioner is one of the partners and the subject cheques were issued with her knowledge, is not a ground to continue the proceedings against the Petitioner. Admittedly, Petitioner is not the signatory of the alleged cheque and the alleged agreement was also •t entered between A. 1-Industry and Respondent No.1. There is no material to prima facie attract the alleged offence against the Petitioner and hence, there are no grounds to continue the proceedings against the Petitioner. Therefore, it is a fit case to exercise the jurisdiction under Section 482 Cr.P.C. Accordingly, the criminal petition is allowed quashing the proceedings against the Petitioner/Accused No.3 in C.C.No.244 of 2021 on the file of the Court of Judicial Magistrate of First Class, Jaggaiahpeta, Krishna District, for the offence punishable under Sections 138 and 142 of Negotiable Instruments 6. 7. Act, 1881. Pending miscellaneous petitions, if any, shall stand closed. SD/- B.CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judicial First Class Magistrate, Jaggaiahpeta,Krishna District. ■"f'- <1 2. One CC to SRI. P NAGENDRA REDDY Advocate [OPUC] One CC to SRI. SAI GANGADHAR CHAMARTY Advocate [OPUC] Two CCs to the Public Prosecutor High Court of Andhra Pradseh at Amaravathi [OUT] 3. 4. 5. THREE CD COPIES TAC HIGH COURT DATED:24/01/2025 ORDER CRLP.No.3039 of 2022 ALLOWING THE CRIMINAL PETITION