IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y LAKSHMANA RAO CRIMINAL REVISION CASE NO: 634 OF 2025 Between; 1. Sukhavasi Sutendra KumarT S/o Sukhavasi Venkteswara Rao, aged 42 years. D.No.6/5, Shanthi Nagar, Waddepalle, Mahabubnagar District, Telangana State. ...ACCUSED/PETITIONER AND 1. The State Of Andhra Pradesh, Represented by its Public Presecutor, High Court Buildings at Nelapadu, Guntur District. 2. Tammineni Ramadevi, W/o Late T. Gopal Naidu, aged: 45 years, R/o, D.N.o. 8-12, Renuka Community, JNTU Colony, Ananthapur District, A.P. ...RESPONDENTS Revision filed under Sections 438 & 442 of B.N.S.S. praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court rnay be pleased to set aside the order in CRLMP No. 82 of 2025 dated 12.05.2025 in CC No.1038 of 2023 on the file of the Principal Judicial Magistrate (Jr.Division) at Ananthapuramu. ^ ■■ lA NO: 2 OF 2025 Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased stay all further proceedings IN CC No. 1038 of 2023 on the file of the Principal Judicial Magistrate (Jr.Division) of First ,,ClaSs at Ananthapuramu. .. . t. ■ •* Counsel for the Petitioner: Sri. V Sai Kumar Counsel for the Respondents: PUBLIC PRESECUTOR The Court made the following; ORDER - 1 APHC010276972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] THURSDAY ,THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 634/2025 Between: ...PETITIONER Sukhavasi Sutendra Kumar AND ...RESPONDENT The State Of Andhra Pradesh Counselfor the Petitioner: 1.VSA1 KUMAR Counsel for the Respondent: 1. The Court made the following: 2 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO:634/2025 The Court made the following Order: The Criminal Revision case has been filed challenging the order dated 12.05.2025 in Crl.M.P.Nd.82 of 2025 in C.C.No.1038 of 2023 passed by the learned Principal Judicial I Class Magistrate (Junior Division) at Ananthapuramu, in recalling the Bailable warrant and directing the petitioner to pay 10% of the Cheque amount to the 2""^ respondent No.2 within fifteen (15) days from the date of the impugned order. 2. Heard Sri V.Sai Kumar, learned counsel for the petitioner and learned Assistant Public Prosecutor. 3. Learned Assistant Public Prosecutor has submitted that the revision came may be disposed of as per the merits of the matter. 4. The petitioner filed an application under Section 70 (2) of Criminal Procedure Code for recalling the bailable warrant issued on 04.09.2024 against the petitioner/accused in Calendar Case registered for the alleged offence under Section 138 of Nl Act. 5. Learned Magistrate while allowing the application imposed a condition on the petitioner to pay 10% of the cheque amount to respondent within 15 days and cooperate with the court completion of the trial. If any of the conditions are violated the shall stands dismissed. The learned counsel for the nd sthe 2 for petition petitioner submitted that asking to pay 10% of the cheque amount is actually determining the liability between the petitioner and the 2"^^ respondent before conclusion of trial, and the same is against principles of natural justice. The clause that the application stand dismissed if the petitioner does not comply with any the J would of the above conditions suffers from illegality and impropriety. The order is liable to be interfered and set aside. 6. Bailable warrant was issued aginast the petitioner for his absence is justifiable, but imposing the condition to pay 10% of the cheque amount is improper. impugned order dated 12.05.2025 in Crl.M.P.No.82 of 2025 in C.C.No.1038 of 2023 on the file of (Junior Division) at 7. Therefore, the Judicial Magistrate of First Class Anantapuramu is set aside. The bailable warrant dated 04.09.2024 issued against the petitioner is set aside. The 4 petitioner shall cooperate with the trial court for completion of the trial. The learned trial court is directed to complete the trial and pass the judgment as per merits of the case within three months from the date of this order, as per the procedure established by Law. Accordingly, this criminal revision case is allowed. There shall be no orders as to costs. SD/- V. SATYANARAYANA DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Judicial Magistrate (Jr.Division) of First Class at Ananthapuramu. One CC to Sri. V Sai Kumar Advocate [OPUC] One CC to Public Prosecutor Advocate [OPUC] Two CD Copies 2. 3. 4. • V PNM HIGH COURT DATED:22/05/2025 ORDER CRLRC.No.634 of 2025 O X 2 6 MAY 2025 Co ^ . Current bection . ^ CRLRC IS ALLOWED