r~- APHC010318682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6578 OF 2025 Between: Sayed Baji Rahamatullah, , S/o. Mahaboob Subhani Muslim, aged 47 years, R/o. D.No.15-168, Market Area, Tirupathirayudu Street, Tenali-533 238, Guntur District. ...PETITIONER/APPELLANT/ACCUSED AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Amaravathi. ...RESPONDENT 2. Konala Sateesh, S/o. Manikyala Reddy Hindu, aged 48 years, R/o. D.No.5- 42, Marteru Village, Penumantra Mandal, West Godavari District. ...RESPONDENTS Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court the order dated 18.06.2025 passed in may be pleased to quash Crl.M.P.No.581 of 2025 in Crl.A.No.224 of 2024 on the file of the Court of the IV Additional Sessions Judge, Tanuku. 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 to stay all further proceedings in Crl.A.No.224 of 2024 on the file of the Court of the IV Additional Sessions Judge, Tanuku, pending disposal of Criminal Petition before this Hon’ble Court. Counsel for the Petitioner : SRI C PRAKASH REDDY Counsel for the Respondents : PUBLIC PROSECUTOR The Court made the following ORDER : 1 1 HN, J Crl.P.No.6578 2025 APHC010318682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURAB^LE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6578/2025 Between: 1.SAYED BAJI RAHAMATULLAH MUSLIM. AGED 47 YEARS, R/0. D.NO.15-168. MARKET AREA, TIRUPATHIRAYUDU STREET, TENALI-533 238, GUNTUR DISTRICT. S/0. MAHABOOB SUBHANI ...PETITIONER/ACCUSED AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT. AMARAVATHI. 2.KONALA SATEESH, S/O. MANIKYALA REDDY HINDU, AGED 48 YEARS, R/0. D.NO.5-42. MARTERU VILLAGE. PENUMANTRA MANDAL, WEST GODAVARI DISTRICT. ...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 Courtmay be pleased to quash the order dated 18.06.2025 passed in Cri.M.P.No.581 of 2025 in Crl.A.No.224 of 2024 on the file of the Court of the IV Additional Sessions Judge, Tanuku 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 may be pleased to stay all further proceedings in Crl.A.No.224 of 2024 on the file of the Court of the IV Additional Sessions \ 2 +IN,J Crl.P.No.6578 2025 Judge, Tanuku, pending disposal of Criminal Petition before this Hon’ble Court and to pass Counsel for the Petitioner/accused: 1.CPRAKASH REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 HNJ Crl.P.No.6578 2025 The Court made the following Order: 1. The petitioner is challenging the order passed in Crl.M.P.No.581 of 2025 in Crl.A.No.224 of2024. 2. Learned counsel appearing for the petitioner submits that the petitioner was convicted for the alleged offence under Section 138 of N.I.Act. It is submitted that the petitioner disputed the signature on the cheque and promissory note by issuing rejoinder notice dated 12.06.2020 to the counsel for the 2'^^ respondent. It is submitted that the petitioner filed Crl.M.P.No.1808 of 2024 in C.C.No.125 of 2021 under Section 45 of the Indian Evidence Act, for sending Ex.P1/pronote and Ex.P2/cheque to the expert opinion. The learned Magistrate dismissed the Crl.M.P.No.1808 of 2024 vide order dated 22.07.2024. Aggrieved by the order, petitioner filed Crl.P.No.5368 of 2024, which was subsequently withdrawn on 24.06.2025. 3. Learned counsel for the petitioner submits that during pendency of the criminal petition, the learned Magistrate had passed a Judgment and convicted the petitioner. The petitioner, thereafter, filed Crl.A.No.224 of 2024 and also filed Crl.M.P.No.581 of 2021 for sending Exs.P1 and P2 for expert opinion at the appellate stage and the learned IV Additional District and Sessions Judge, West Godavari at Tanuku had dismissed the petition. 4. Considering the submissions of learned counsel for the petitioner and after perusing the record, this Court finds no infirmity in the order passed by the learned IV Additional District and Sessions Judge, West Godavari at Tanuku, as the learned Judge has also considered the observation of the Magistrate while 4 HN^J Crl.P.No.6578‘ 2025 dismissing Crl.M.P.No.1808 of 2024. Admittedly, the petition for referring Exs.P1 and P2 for expert opinion was filed after completion of evidence on both sides and when the matter was posted for arguments. There is no explanation from the petitioner as to what prevented him from filing such petition at the earlier point of time. On these grounds, this Court is not inclined to interfere in this matter. 5. Accordingly, the Criminal Petition is dismissed. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The IV Additional District & Sessions Judge, Tanuku, State of AP. 3. One CC to SRI. C PRAKASH REDDY Advocate [OPUC] CCs to the Public Prosecutor High Court of Andhra Pradesh at 4. Two Amaravathi [OUT] 5. Three CD Copies SD TAG HIGH COURT DATED:02/07/2025 ORDER CRLP NO. 6578 OF 2025 ^ 2 0 SEP 2025 )gl <^sXurrentSectijpX*^ DISMISSING THE CRIMINAL PETITION