IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5286 OF 2025 Between: Sri Kalagara Siva Rama Krishrla Prasad, S/o. Bhaskar Rao, Aged 52 Years, R/o. D. No. 7B-11-32, Near $ai Baba Temple Eastern Street, Eluru, West Godavari District i ...PETITIONER/ACCUSED(S) hi AND 1. Chaluvadi Siva Krishna Brahrhmaiah, S/o. Subbaramaiah, Age 53 years, R/o. Southern Street, Eluru, West Godavari District (Eluru I Town Police Station Limits) ...Respondent/Complainant 2. The State of Andhra Pradesh, Rep by its Public Prosecutor High Court of Andhra Pradesh At Amaravathi Respondent/Defecto-Complainant Petition under Section 4jB2 of Cr.P.C 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. 81 of 2020 on the file of the Hon'ble II Additional Judicial I Class Magistrate Godavari District. '4! Eluru, West I.A. NO: 1 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memofdhdum of Grounds of Criminal Petition, the High Court may be pleased' to grant stay of ail further proceedings in pursuance of C.C. No. 81 of 2020 on the file of the Hon'ble II Additional Judicial I Class Magistrate, Eluru, West Godavari District, including appearance of the Petitioners/Accused in the interest of justice and pass This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Kambhampati Ramesh Babu ,Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 the Court made the follovving Order i APHC010249872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5286/2025 Between; ...PETITIONER/ACCUSED Sri Kalagara Siva Rama Krishna Prasad AND ...RESPONDENT/COMPLAINANT(S) Chaluvadi Siva Krishna Brahmmaiah and Others Counsel for the Petitioner/accused: 1.KAMBHAMPATI RAMESH BABU Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2. The Court made the following Order: I Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. The learned counsel for the petitioner submits that the petitioner is 2. arraigned as an accused in C.C. No. 81 of 2020 on the file of the II Additional Judicial First Class Magistrate, Eluru, West Godavari District, for the alleged offence under Sections 138 r/w 142 of the Negotiable Instruments Act, 1881. The petitioner is facing trial for the offence under Section 138 of the N.l. Act. It is submitted that the only ground for seeking quashing of the case is that the cheque was returned unpaid with the endorsement “Drawer’s signature not as per mandate,” and that such a ground would not constitute an offence under Section 138 of the N.l. Act. Perused the record. 3. 4. The issue is a question of fact and the manager of the Bank or any officer of the Bank would have to be examined if necessary for ascertaining the reason for dishonour of cheque and its implications. All this is a question of fact the trial Court would have to go into. 5. Accordingly, this Criminal Petition is dismissed without going into the merits, leaving it open for the petitioner to take all the grounds raised in the quash petition before the trial Court. As a sequel, miscellaneous petitions pending, if any, shall stand closed. •if'?- ■ SD/- M SRINIVAS ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, Additional Judicial I Class Magistrate, Eluru, West Godavari 1. Then District 2. One CC to Sri. Kambhampati Ramesh Babu .Advocate [OPUC] 3. One CC to Public Prosecutor High Court of Andhra Pradesh At Amaravathi 4. Three CD Copies YM il- AL 4 HIGH COURT DATED:08/05/2025 -f: . ORDER 5 13 AUG 2fl25 M Current Section . ^ CRLP.No.5286 of 2025 I r THIS CRIMINAL PETITION IS DISMISSED