•St- APHC010266002025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI SMB TUESDAY,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5566 OF 2025 Between: Ponnada Leva Raju, S/o.Ramalingam, Hindu, age 42 years. Daily Wager, D.No.9-5-40, 3 Statue Center, Narsapuram, W.G.Dt ...Petitioner AND 1. The State of Andhra Pradesh, Rep by the Public Prosecutor, High Court of A.P., at Amaravathi. 2. Maroju Tulasiram, S/o. Brahmahandarn, Hindu, age 35 years. Business, Narsapuram, Narsapuram MaiidaT, W.G.Dt. (Complainant) ...Respondents 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 quash the proceedings against the petitioners in STC No. 127 of 2024 on the file of the court of Additional Civil Judge (Junior Division) at Narasapuram, West Godavari District. 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 dispense with the filing of certified copy of the Complaint in STC No. 127 of 2024 on the file of the court of Additional Civil Judge (Junior Division) at Narasapuram, West Godavari District 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 to stay all further proceedings in STC No. 127 of 2024 on the file of the court of Additional Civil Judge (Junior Division) Narasapuram, West Godavari District, pending disposal of the main criminal petition. at This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Varaprasada Rao Deevi, Advocate for the Petitioners and of the Additional Public Prosecutor on behalf of the Respondent No.1. The Court made the following Order: t APHC010266002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5566/2025 Between: Ponnada Leva Raju ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. VARA PRASAD DEEVI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: Learned counsel for the petitioner submits that the petitioner is arraigned as an accused in STC No.127 of 2024 on the file of the learned Additional Civil Judge (Junior Division), Narsapuram, for the alleged offence under Section 138 of the Negotiable Instruments Act, 1881, (for short, “the N.l. Act”). X X f 2. Learned counsel for the petitioner further submits that the liability is disputed and that there is no legally enforceable debt to support the issuance of the subject cheque. It is submitted that i the petitioner has filed I.P.No.36 of 2023 on the file of the learned Principal Civil Judge (Senior Division), Rajamahendravaram, and therefore, there was no occasion or possibility for the petitioner to issue the cheque in question. 3. Considering the submissions and the fact that the petitioner is disputing the liability, this Court cannot adjudicate upon the existence or otherwise of a legally enforceable debt in proceedings under Section 138 of the N.l. Act. These are issues that are triable by the trial Court. It is open to the petitioner to raise all such contentions before the trial Court during the course of trial. 2^3 ^ With the above observations, the present Criminal Petition is disposed off. 4. Pending miscellaneous petitions, if any, shall stand closed. Sd/-G HELA NAIDU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To 1. The Additional Civil Judge (Junior Division), Narsarpuram, West Godavari District. One CC to Sri Vara Prasad Deevi, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of Andhra Pradesh.[OUT] Two CD Copies 2. 3. 4. VNA HIGH COURT DATED: 17/06/2025 ORDER CRLP No. 5566/2025 sT 0 8 SEP 2025 jg) DISPOSING OF THE CRIMINAL PETITION