s s APHC010309652025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI THURSDAY THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6349 OF 2025 Between Kondepagu Gopinath, S/o.K.Qopal, aged about 44 years, Occupation Business at Tripura Resort, Madakasira Road, Near Sheep Farm, Penukonda (V and M) Sri Satya Sai District, Andhra Pradesh j . .Petitioner AND 1. Mr Young Kuk Shin, aged about 40 years. Occupation Business, R/o.Flat NO.D424, Deodar Block, Brigade Orchard, Devanhalli Bengaloor - 562110, Karnataka. Director in M/s.Dongyang Engineering and Construction India Byt Ltd, Office at Sy.No:298-1A, Goni Penta Road, Maruthi Nagar, Penukonda, Village and Mahdal, Sri Satya Sai District (Ananthapur) Andhra Pradesh » i } \ c ...Respondent No.l/Cpmplainant 2. The State of Andhra Pradesh, Through the Public Prosecutor, High Court of Andhra Pradesh at Arn.aravathi. ...Respondent No.2 I'V I ■ !•' . : i : . .f‘ . . i: . > J 4 Petition under Section 528 of BNSS praying that in the circumstanGes stated in the Memorandum of Grounds of Criminal Petition; the High Courtpleased to set aside and quash the impugned Order dated 13-06-2025 in CrI.M.P No.397 of 2025 in CC. No. 641 of 2022 passed by the learned Principal Judicial Magistrate of First Class, Penukonda, Sri Satyai Sai District (Ananthapur), Andhra Pradesh, and reopen the evidence of DW-i and recall ■■Ji An)*"}?;-'; .' , . ■ , . . , . , ■ . . : ■ ? the DW-1/Petitioner/Accused for further examination for the purpose of marking the Certified Copy of-Reg Sale Deed executed by the Petitioner/Accused in favour of the wife of the Complainant along with his ^ank Statement in his support as proof of credit to his account; the alleged cheque amount of Rs.20,00,0d0A^mt)3-10- 2019 A" lA NO: 2 OF 2025 1 t.n if Petition under Section 528 of BNSS and 528 of BNSS praying that in the Circumstances stated in the Memqrdh^um of Grounds of Crittiinal Petition the High Court may be pleased to gMht-stay of all further proceedings including the personal appearance of Petitiohers/Acc used in C.C No}641 of 2022 on the file of Hon'ble Principal Judicial Magistrare of First Class, Penukonda, Sri Satya Sai District (Ananthapur),j;sAndhra Pradesh, pending disposal of the Criminal Petition ''.A : Counsel for the Petitioner: Sri Annareddy Chandrasekhar Reddy Counsel for the Respondent: Ptibric Prosecutor 8- The Court made the following:Order A* i 4 t 7- ! . ' r;;:- 4 i'". APHC010309652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special OriginalJurisdiction) [3457] THURSDAY,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6349/2025 Between: 1.KONDEPAGU GOPINATH, S/O.K.GOPAL, AGED ABOUT 44 YEARS, OCCUPATION BUSINESS AT TRIPURA RESORT, MADAKASIRA ROAD, NEAR SHEEP FARM, PENUKONDA (V AND M) SRI SATYA SAI DISTRICT, ANDHRA PRADESH, ...PETITIONER/ACCUSED AND 1.MR YOUNG KUK SHIN, AGED ABOUT 40 YEARS. OCCUPATION BUSINESS, R/O.FLAT NO.D424, DEODAR BLOCK, BRIGADE ORCHARD, DEVANHALLI, BENGALOOR - 562110, KARNATAKA. DIRECTOR IN M/S.DONGYANG ENGINEERING AND CONSTRUCTION INDIA PVT LTD, OFFICE AT SY.N0.298-1A, GONI PENTA ROAD, MARUTHI NAGAR, PENUKONDA, VILLAGE AND MANDAL, SRI SATYA SAI DISTRICT (ANANTHAPUR) ANDHRA PRADESH, 2.THE STATE OF ANDHRA PRADESH, THROUGH THE PUBLIC HIGH COURT OF ANDHRA PRADESH AT PROSECUTOR, 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 Courtpleased to set aside and quash the impugned Order dated 13- 06-2025 in CrI.M.P No.397 of 2025 in CC. No. 641 of 2022 passed by the learned Principal Judicial Magistrate of First Class, % 2 Hf i CRLP.N0.6349 OF2025 Penukonda, Sri Satya Said District (Ananthapur), Andhra Pradesh, and reopen the evidence of DW-1 and recall the DW- 1/Petitioner/Accused for further examination for the purpose of marking the Certified Copy of Registered Sale Deed executed by the Petitioner/Accused in favour of the wife of the Complainant along with his bank Statement in his supportas proof of credit to his account the alleged cheque amount of Rs.20,00,000/- on 03- 10- 2019 and to pass 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 filing of the original certified copy of the Order dated 13-06-2025 in Cr.M.P No.397 of 2025 in CC No.641 of 2022, on the file of the Hon'ble Principal Judicial Magistrate Of First Class, Penukonda, Sri Satya Sai District (Ananthapur), Andhra Pradesh, 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 to grant stay of all further proceedings including the personal appearance of Petitioners/Acc used in C.C No.641 of 2022 on the file of Hon'ble Hon'ble Principal Judicial Magistrare of First Class, Penukonda, Sri Satya Sai District (Ananthapur), Andhra Pradesh, pending disposal of the Criminal Petition and to pass Counsel for the Petitioner/accused: 1. Annareddy Chandrasekhar Reddy Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2. The Court made the following: ■ ■ 3 HN,J CRLP.N0.6349 OF2025 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6349/2025 ORDER:- Learned counsel for the petitioner submits that being aggrieved by the order dated 13.06.2025 passed in Crl.M.P.No.397 of 2025 in C.C.No.641 of 2022 on the file of the Principal Judicial Magistrate of First class, Penukonda, Sri Satya Sai District (Ananthapur), the petitioner filed this Criminal Petition. The petitioner is facing trial for an offence punishable under Section 138 of Nl Act. 2. The petitioner filed a petition seeking recall of DW1 for further examination for the purpose of marking the certified copy of a registered sale deed executed by the petitioner/accused in favour of the wife of the complainant, along with bank statements. The learned Magistrate has considered the petition on merits and dismissed the same. The present petition is filed, aggrieved by the order passed in the said petition filed by the petitioner seeking recall of DW1. 3. Learned counsel for the petitioner submits that the petitioner intended to get on record the bank statements which would indicate deposit amount of Rs.20,00,000/- from the account of the petitioner to the account of the 1 respondent. The petitioner also intended to mark the certified copy of sale deed which was executed by the petitioner on the name of the wife of the 1 respondent. St St 5. Heard learned counsel for the petitioner. 6. Perused the record. The order passed by the learned Magistrate, dismissing the petition for recall of DW1, has been considered the same on merits, it is observed by the 7. 4 Hf < CRLP.N0.6349 OF 2025 a new theory after learned Magistrate that the petitioner intends to introduce having remain silent and amount of Rs.20,00,000/- proposes to have introduce the theory that the was deposited towards purchase of property and not towards any business transaction between the petitioner and the 1 St respondent. The said transaction of deposit of Rs.20,00,000/- 03.10.2019. However, the cheque was issued on 25.07.2022 and the has no bearing on the transaction which was concluded in the year 2019 itself. It is also observed by the learned Magistrate that the petitioner has silent when the matter was posted for arguments and also changing It IS also submitted that ample opportunity was granted to the petitioner. Considering the detailed and well considered order was on same remain counsel. passed by the learned Magistrate, this Court is of considered view that the petitioner has made out no valid grounds for appearance. 8. Accordingly, the Criminal Petition is dismissed. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- SHAIK MbHD. RAFI ASSISTANT REGIStRAR //TRUE COPY// SECTION OFFICER ^ To 1. The Principal Judicial Magistrare of First Class, Penukonda, Sri Satya Sai District (Ananthapur) 2. One CC to Sri Annareddy Chandrasekhar Reddy Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 4. Two CD Copies (gsg) A '-v.''Vi-;, J i h HIGH COURT ■; :• ;v. DATED:26/06/2025 ■i ? . i-: j ,• r ORDER j/> SEP 2025 Cfurrehs: iieciion ^ 20^ O' o o xr m tsy Vo CRLP 6349/2025 if v: •■v. •; ■ -■' ■j ;/ DISMISSING THE CRLR .i •; ■ ; . - -V