APHC010264732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6444 OF 7C)9Fi Between; Nava Durga Agencies, Rep. by its Proprietor Simhachalam Son of K.Satyanrayana Kotthakovvada, Padmanabham Mandal, Visakhapatnam-531219. ...Petitioner/Accused Kona Venkata Bala aged Major, D.No.5-33, AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, at Amaravathi. 2. M/s. Shriram Finance Limited, Rep. by its Recovery G.P.A. Sri Ganesh Upstairs Indian Bank, 100 Feet Ring Road, Vizianagaram. ...Respondents/Complainant 482 of Cr.P.C praying that in the of Criminal Petition, the to Quash the Impugned Proceedings in on the file of Additional Judicial Magistrate of First Class High Court Executive and First Floor, Naidu Bandaru, S/at 20-18/1-36 Petition filed under Section circumstances stated in the Memorandum of Grounds High Court may be pleased C.C.No.1678 of 2024 at Vizianagaram as against the Petitioner/Accused by allowing the Criminal Petition. lA NO: 2 OF 2025 Petition filed under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to stay of the impugned proceedings in C.C.No.1678 of 2024 on the file of Additional Judicial Magistrate of First Class at Vizianagaram against the petitioner including for appearance pending disposal of the main Criminal Petition. as Counsel for the Petitioner: Sri R.Siva Sai Swarup Counsel for the Respondent No.1: Assistant Public Prosecutor Counsel for the Respondent No.2:- The Court made the following: APHC010264732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6444/2025 Between; 1.NAVA DURGA AGENCIES, REP.. BY ITS PROPRIETOR KONA VENKATA BALA SIMHACHALAM SON AGED MAJOR D.NO.5-33, KOTTHAKOWADA MANDAL VISAKHAPATNAM.531219 OF K. SATYANRAYANA PADMANABHAM ...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 INDIAN BANK 100 FEET RING ROAD. VIZIANAGARAM. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.RSIVASAI SWARUP Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: 2 Order: This Criminal Petition is filed by the petitioner herein/accused under Section 482 of Cr.P.C., to quash the proceedings in C.C.No.1678 of 2024 on the file of the Additional Judicial Magistrate of First Class, Vizianagaram, registered for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881. 2. Heard the learned counsel appearing for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 3. Learned counsel for the petitioner would submit that the learned Magistrate registered the complaint as a Calendar Case No.1678 of 2024 and proceeding with the trial as summons case instead of summary trial which is against the provisions of the Negotiable Instruments Act, 1881 as per the Judgment of Hon’ble Apex Court dated 16.04.2021 in Suo Motu Writ Petition (Cri.) No. 2 of 2020, in the Expeditious Trial of Cases under Section 138 of Negotiable Instruments Act, 1881. Perusal of the record will show that the complaint filed by the respondent No.2 for the offence under Section 138 of the Nl Act registered as calendar case and the learned Magistrate is proceeding with the case by applying the summons procedure instead of summary trial. Therefore, it is against the principles laid down by the Hon’ble Apex Court in the above referred case. 4. was 3 -r? In the light of foregoing discussion, this Court is of the considered opinion that the Criminal Petition can be disposed off at the stage of admission itself, without going into the merits of the case, with a direction to the learned Magistrate to register the case as summary trial case, instead of Calendar Case for summons trial; accordingly, proceed with the trial following summary trial procedure and dispose off the same as expeditiously as possible, preferably within a period of six (06) months from the date of receipt of copy of this order, as the matter pertains to the year, 2024. However, the learned Magistrate is at liberty to take a decision as per law, during trial proceedings of the case to convert the case from summary trial to summons case by recording reasons, as laid down by the Hon’ble Apex Court in the above judgment. 5. Accordingly, the Criminal Petition is disposed off. The presence of the petitioner herein/accused before the trial Court is dispensed with, except dates when the petitioner’s presence is required, as directed by the learned Magistrate, for the purpose of the trial. 6. on As a sequel, miscellaneous petitions pending, if any, shall siand closed. Sd/- N NAGAMMA ASSISTATNT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Additional Judicial Magistrate Vizianagaram District. 2. One CC to Sri R.Siva Sai Swarup, Advocate [OPUC] 3. Two CC's to the Public Prosecutor, High Court Amaravati [OUT] 4. Two CD Copies of First Class, Vizianagaram, of Andhra Pradesh at BSV rf- HIGH COURT DATED:30/06/2025 ^2 ' JUL 2025 )sl \JSjlnnyntScctiQi ORDER CRLP NO. 6444 OF 2025 s> DISPOSING OF THE CRIMINAL PETITION