APHC010264702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION Nq.61 89 of 2025 Between: Nava Durga Agencies, Rep. by its Proprietor Kona Venkata Bala Simhachalam, Son of K. Satyanrayana, Aged Major, Kotthakovvada, Padmanabham Mandal, Visakhapatnam-531219. ...PETITIONER/ACCUSED D.No.5-33, AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravathi. 2. M/s Shriram Finance Limited, Rep. by its Recovery Executive Naidu Bandaru, S/at 20-18/1-36, First Floor, Upstairs Indian Bank, 100 feet Ring Road, Vizianagaram. ...RESPONDENTS/COMPLAINANT and G.P.A., Sri Ganesh Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to Quash the Impugned Proceedings in C.C.No.1681 of 2024 on the file of Additional Judicial Magistrate of First Class at Vizianagaram as against the Petitioner /Accused by Allowing the Criminal Petition. lA NO: 2 OF Petition under Section 482 of Cr.P.C stated in the Memorandum of Grounds may be pleased to stay of the impugned on the file of Additional Judicial Magistrate against the petitioner including for Criminal Petition. Counsel for the Petitioner Counsel for Respondent No.1 : Counsel for Respondent No.2 : The Court made the following ORDER : praying that in the circumstances of Criminal Petition, the High Court proceedings in C.C.No.1681 of 2024 of First Class at Vizianagaram appearance pending disposal of the main as : SRI R SIVA SAI SWARUP PUBLIC PROSECUTOR NONE APPEARED V ■Mv APHC010264702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6189/2025 Between; 1.NAVA DURGA AGENCIES, REP., BY ITS PROPRIETOR KONA VENKATA BALA SIMHACHALAM SON OF K. SATYANRAYANA AGED MAJOR D.NO.5-33, KOTTHAKOWADA, PADMANABHAM MANDAL VISAKHAPATNAM.531219 ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI. 2.M/S SHRIRAM FINANCE LIMITED, REP., BY ITS RECOVERY EXECUTIVE , AND G.P.A., SRI GANESH NAIDU BANDARU S/AT 20- 18/1-36 FIRST FLOOR, UPSTAIRS INDIANBANK 100 FEET RING ROAD, VIZIANAGARAM ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circuinstances stated in the Memorandum of Grounds of Criminal Petition, the High CourtMay be Pleased to Quash the Impugned Proceedings in C.C.No.1681 2024 on the file of Additional Judicial Magistrate of First Class at Vizianagaram as against the Petitioner /Accused by Allowing the Criminal Petition in the interest of the justice, and pass such other order or orders may deem fit and proper in the circumstances of the case. 2 lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased Pleased to dispense with certified copy of C.C.No. 1681 /2024 on the file of AddI judicial Magistrate of first class at Vizianagaram before this Hon'ble Court and pass lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased May be Pleased to STAY of the impugned proceedings in C.C.No.1681 /2024 on the file of Additional Judicial Magistrate of First Class at Vizianagaram as against the petitoner including for appearance pending disposal of the main Criminal Petition in the interest of the justice, and pass Counsel for the Petitioner/accused: 1.RSIVASAI SWARUP Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR •N 3 The Court made the following Order: j Learned counsel for the petitioner submits that the petitioner is aggrieved by the registration of a Calendar Case instead of Summary Trial Case. It is contended that the procedure adopted by the learned Magistrate in registering a case under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the Act”) ought to be in accordance with Section 143 of the Act, wherein all cases are required to be tried summarily. Learned counsel for the petitioner submits that the petitioner has been issued summons in C.C.No.1681 of 2024. Reliance is placed on the judgment of this Court in Crl.P.No.4831 of 2023, wherein a similar issue was considered, and a learned Single Judge of this Court disposed of the said petition at the admission stage, directing the learned Magistrate to register the case as a Summary Trial Case instead of a Calendar Case and to proceed in I 1 I 2. accordance with Section 143 of the Act. 3. Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Following the said judgment, the present Criminal Petition is disposed off with a direction to the learned Additional Judicial Magistrate of First Class, Vizianagaram, to renumber CC.No.1681 of 2024 as an STC 4. (Summary Trial Case) and to proceed with trial in accordance with Section 143 of the Act. 4 As a sequel, pending miscellaneous petitions, if any, shall stand 5. SD/- A.VIJAY BABU ASSISTANT REGISTRAR closed. //TRUE COPY// SECTION OFFICER To 1. The Additional Judicial Magistrate of First Class, Vizianagaram, Vizianagaram District. 2. One CC to Sri R Siva Sai Swarup, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi [OUT] 4. Three CD Copies TK TAC \ r' ' HIGH COURT DATED:24/06/2025 ORDER CRLP No.6189 of 2025 r g ! X 2025 ^ Current Section ^ ^ DISPOSING OF THE CRIMINAL PETITION