Ravulapati Mangamani v. THE STATE OF ANDHRA PRADESH
CRLP/5236/2025 · 2025-05-06
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17390 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17390 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE if S' PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO; S236 OF 2n7S Between: Ravulapati Mangamani, W/o Nagi Reddy, Age Housewife R/o.H.No.7-201 Godavari District 63 years, Occ: Kalaparru, Pedapadu Mandal, West ...PETITIONER/ACCUSED(S) AND
1. THE STATE OF ANDHRA PRADESH High Court of Andhra Pradesh. 2. Ambala Siva Sankar Reddy, S/o.Late Rami Occ; Retd. Employee, R/o.D.No.39/435-11, City, YSR Kadapa District rep. by its Public Prosecutor Reddy, Age 69 years, Aravinda Nagar, Kadapa ...RESPONDENT/COMPLAINANTS Petition under Section 528 circumstances stated in the Memorandum of Grounds of Criminal the High Court S.T.C.No.428/2023 Magistrate, Kadapa, YSR Kadapa District. of BNSS praying that in the Petition. may be pleased to quash the proceedings i on the file of I Additional Judicial First in Class
A LA. NO: 2 OF 7091; Petition under Section circurnstances stated in the Memorandum of Grounds Court 528 of BNSS praying that in the - of Criminal Petition T.C No.428/2023 on the file of I Additional Judicial First Class ,.q9.srate, Kadapa, YSR Kadapa District including appearance of the . pending disposal of the quash petition in the interest of ■ P.®^*r)ner/Accused justice. Of Gro™drif c (^rounds of Criminal Petition and Sri M M M SRINIVASA RAO upon hearing the arguments of Advocate for the Petitioner and the Public Pradesh on behalf of the Respondent Prosecutor of High Court of Andhra N0.I and none appeared for the Respondent No.2. The Court made the following:
APHC010237382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5236/2025 Between: Ravulapati Mangamani ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT{S) Counsel for the Petitioner/accused:
1.M MM SRINIVASA RAO Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR The Court made the following Order: The petitioner is aggrieved by the continuation of S.T.C.No.428 of 2023 on the file of I Additional Judicial First Class Magistrate, Kadapa, for alleged offences under Sections 138 and 142 of N.I. Act. I The learned counsel for the petitioner submits that the legal
2. \ notice dated 25.09.2023 would reveal that the accused had borrowed an amount of Rs.3,00,000/- on 24.08.2020, with a promise to repay it along with interest.
It is submitted that the cheque dated 04.08.2023 was presented on
04.09.2023. The learned counsel for the petitioner submits that the amount was borrowed on 24.08.2020 and presenting the cheque on 04.09.2023, beyond the period of limitation, would have to be considered as claim barred by limitation and a complaint would not have been filed. On this ground, the S.T.C.No.428 of 2023 on the file of I Additional Judicial First Class Magistrate,
3. Kadapa, is sought to be quashed. Heard learned counsel for the petitioner and learned Assistant
4. Public Prosecutor appearing for the State. 5. Perused the record. The cheque is dated 04.08.2023, and it was presented on 04.09.2023, after which it was returned on 05.09.2023. The legal notice was
6. issued on 04.10.2023, which was served, and a reply notice was also issued by the petitioner. A complaint was filed before the Magistrate’s Court well within time on 01.11.2023. This Court finds no grounds to interfere in this matter. It is for the trial Court to adjudicate the issue of whether the cheque was issued in relation to any debt or liability. Accordingly, the Criminal Petition is dismissed. As a sequel, miscellaneous applications pending, if any, shall
6. 7. stand closed. SOI- M.SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. I Additional Judicial First Class Magistrate, Kadapa, YSR Kadapa District
2. One CC to SRI. M M M SRINIVASA RAO Advocate [OPUC]
3. Two CC’s to the Public Prosecutor of High Court of Andhra Pradesh [OUT]
4. Three CD Copies
HIGH COURT DATED: 07/05/2025 I ORDER I CRLP.No.5236 of 2025 i L DISMISSING THIS CRLP