1 APHC010356372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7470/2025 Between: 1. S SAILAVATHI, W/O. S. SANKARAIAH, AGED ABOUT 40 YEARS, R/O.D.NO. 17/659, NEERUGANTI STREET, OLD TOWN, ANANTHAPURA TOWN AND DISTRICT ...PETITIONER/ACCUSED AND 1. ARUNA JYOTHI, W/O. SOMASEHAR, AGED ABOUT 42 YEARS, R/O.D.NO. 17/764, NEERUGANTI STREET, OLD TOWN, ANANTHAPURA TOWN AND DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATHI. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 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 pleased to call for the records relating to Crl.M.P.No. 177/2025 in C.C.No.553/2021 on the file of the Principal Judicial 1 Class Magistrate, Ananthapuramu and quash the orders in Crl.M.P.No. 177/2025 in C.C.No.553/2021 dated 04-07-2025 on the file of the Principal Judicial 1 Class Magistrate, Ananthapuramu to the extent of direction “to pay 10% of the cheque amount to the Complainant within 15 days from the date of this order i.e., on or before 08-07-2025” in the interest of justice. IA NO: 1 OF 2025 2 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 suspend the orders in Crl.M.P.No. 177/2025 in C.C.No.553/2021 dated 04- 07-2025 on the file of the Principal Judicial I Class Magistrate, Ananthapuramu to the extent of direction “to pay 10% of the cheque amount to the Complainant within 15 days from the date of this order i.e., on or before 08-07-2025” in the interest of Justice. Counsel for the Petitioner/accused: 1. P NAGENDRA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7470/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short „Cr.P.C)/under Section 528 of BNSS, has been filed by the Petitioner/Accused, seeking to quash the order dated 04.07.2025 passed in Crl.M.P.No.177 of 2025 in C.C.No.553 of 2021 on the file of the learned Principal Judicial I Class Magistrate, Ananthapuram to the extent of direction “to pay 10% of the cheque amount to the complainant within 15 days from the date of this order i.e., on or before 18.07.2025”. 2. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that bailable warrant has been issued against the accused for his absence on the given date. The accused appeared before the Court and filed a petition under Section 70(2) of Cr.P.C., to recall the warrant. While recalling the said warrant, learned Magistrate imposed a condition for payment of 10% of the cheque amount to the complainant within 15 days from the date of that order. Learned counsel for the petitioner would submit that it is a bailable warrant. The court cannot impose such condition. 4 4. Learned Assistant Public Prosecutor fairly conceded that it is a bailable warrant and on appearance of the party before the concerned Court, the same is deemed to be recalled. The question of imposing any condition does not arise. 5. Considering the submissions made, the impugned order to the extent of imposing the condition to deposit 10% of the cheque amount to the complainant within 15 days is hereby quashed. 6. With this observation, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.07.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7470/2025 Dated.21.07.2025 UPS 107