DUGGINENI BHASKARA RAO v. THE STATE OF ANDHRA PRADESH
CRLP/4018/2025 · 2025-04-16
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14813 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14813 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010185882025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4018/2025 Between: Duggineni Bhaskara Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused:
1. B V S CHALAPATI RAO Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR The Court made the following:
THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4018 OF 2025 ORDER:
1. This criminal petition is filed seeking to quash the proceedings in C.C. No.1594 of 2020 on the file of the Judicial First Class Magistrate, Nandigama, for the alleged offence under Section 138 of the Negotiable Instruments Act, 1881. 2. The learned counsel for the petitioner submits that the petitioner was arraigned as A.2 in the C.C. The learned counsel submits that the petitioner is no way responsible for the cheque issued by A.1 and that the petitioner herein never done any financial transaction with the 2nd respondent. 3. It is submitted that there is no admitted debt or other liability which is due to be discharged by the petitioner, and hence, the continuation of the proceedings in C.C. No.1594 of 2020 on the file of the Judicial First Class Magistrate, Nandigama, would be detrimental to the interest of the petitioner and against the provisions of the Negotiable Instruments Act. 4. The learned counsel further submits that this Court had directed the issuance of the notice in two other cases in Crl.P.No.890 of 2025 and 894 of 2025. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. Perused the grounds in the criminal petition and perused the complaint. 6. The grounds raised by the petitioner for quashing the complaint are as follows: i) The petitioner is not due any amount to the 2nd respondent and as such there is no liability which has to be discharged by the petitioner to the 2nd respondent.
ii) It is also submitted that even as per the complaint, accused company had allegedly borrowed an amount of Rs.15,00,000/- from the 2nd respondent and that towards discharge of the same, it is alleged that the said amount was paid on 20.08.2016 through R.T.G.S. and that the cheque was issued by the Varun Organics Private Limited allegedly on 17.08.2019, the said cheque was blank cheque and that the same was misused. 7. Considering the submissions, the issue of any liability or otherwise has to be dealt with by the trial court and this Court cannot interfere in the proceedings before the trial court. This court finds no ground to interfere with the proceedings in C.C. No.1594 of 2020 on the file of the Judicial First Class Magistrate, Nandigama. 8. Accordingly, the criminal petition is dismissed. 9. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ___________________ JUSTICE HARINATH.N Dt.16.04.2025 BV