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v- > APHC010252492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5519/2025 Between: Mrs. K. Thirumalamba, W/o. K.Prabhakar, Aged about 43 years, Occ Employee, D.No.11-2, N.G.Os Colony, Puttur Town and Mandal Chittoor District, A.P. ...Petitioner/Accused And I.The state of Andhra Pradesh, rep. By its public prosecutor at High '"'Court of Andhra Pradesh at Amaravathi. 2.V Ramamurthy Reddy, S/o. Late V. Kannappa Reddy, aged about 58 years. Business, Residing at D.No.8-81-1, Challathamma Towers, 0pp. NGO Colony, Tirupati Main Road, Puttur Town Post & Mandal, Chittoor District, A.P. ...Respondent/Complainant: Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to and in connection with
r private Complaint vide C.C. No. 940 of 2021 on the file of Additional Junior Civil Judge - cum - Additional Judicial First Class Magistrate, Puttur lA NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant to stay of all further proceedings including appearance of the petitioner/Accused in connection with records if any C.C.No.940 of 2021 on the file of Additional Civil (Junior Division)-cum- Additional Judicial First Class Magistrate, Puttur. Counsel for the Petitioner/accused: SRI V NITESH Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following:
1 HN,J Crl.P.No.5519 2025 APHC010252492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5519/2025 Between: Mrs K Thirumalamba ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.VNITESH Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2 HNJ Crl.P.No.5519 2025 The Court made the following Order:
1. The learned counsel for the petitioner submits that the petitioner is seeking quashment of C.C.No.940 of 2021, on the file of the Additional Junior Civil Judge-Cum-Additional Judicial First Class Magistrate, Puttur. 2. The petitioner is facing trial for the alleged offence under Sections 138(A) and 142 of the Negotiable Instruments Act, 1881. 3.
The learned counsel for the petitioner submits that the liability is disputed and that apart, the cheque was drawn for an amount of Rs. 10,90,000/-. also submitted that the cheque ought to have been presented at the home branch when it is drawn for an amount exceeding Rs. 10,00,000/-. However the It is said cheque was presented at a non-home branch. As seen from the cheque and memo, the cheque was returned with the drawer”. reason “payment stopped by The grounds raised by the learned counsel for the petitioner for seeking quashment of C.C.No.940 of 2021 cannot be considered by this Court in a petition under Section 482 of the Cr.P.C.
4. These issues are trivial in nature which are sought to be dealt with by the learned Magistrate, and the petitioner is at liberty to raise all such grounds before the learned Magistrate when the matter is taken up for trial. 5. With these observations, the Criminal Petition is disposed off. There shall be irb order as to costs. 3 HN, J Crl.P.No.5519 2025 As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- N NAGAMMA ASSISTATNT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Additional Civil (Junior Division) judge-cum-Additional Judicial first Class Magistrate, Puttur. 2. One CC to Sri. V.Nitesh, advocate [OPUC]
3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] PR sree 'A.
r «* high court DATED:1 6/06/2025 ORDER CRLP 5519/2025 disposing the CRLP f