1 APHC010319362020 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: 5187/2020 Between: 1. SANKU VISHNU SWAROOP,, S/O.NARAHARI RAO, HINDU, AGED 53 YEARS, BUSINESS, R/O.D.NO.12-11-1550/A, 1ST LINE, SECUNDERABAD, TELANGANA STATE. 2. KUNCHALA YYEDUKONDALU,, S/O.(LATE) NARASIMHA, HINDU, AGED 52 YEARS, BUSINESS, R/O.H.NO.11-4-322/11, SEVEN HILLS ENCLAVE, CHILAKALAGUDA, SECUNDERABAD, TELANGANA STATE. 3. KUNCHALA SRINIVAS,, S/O. NARASIMHA, HINDU, AGED 49 YEARS, BUSINESS, R/O.D.NO.10-4-92, DOCTORS COLONY, L.B.NAGAR, HYDERABAD CITY, TELANGANA STATE. 4. YANUMALA PRASADA RAO,, SON OF KONDAIAH, HINDU, AGED 39 YEARS, BUSINESS, R/O.D.NO.10-4-355/1, ROAD NO.7/4, KAKATHIYA NAGAR, L.B.NAGAR, HYDERABAD CITY. TELANGANA STATE. ...PETITIONER/ACCUSED(S) AND 1. THANNIRU VENKATA RAMA RAJU, S/O ANKAM RAJU, HINDU, AGED ABOUT 52 YEARS, BUSINESS, D.NO.35-329/ 1, I.D.A, JEEDIMETLA, QUTUBULLAHPUR MANDAL. TELANAGANA 2. STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC 2 PROSECTUOR, HIGH COURT OF AP 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 Quash the Complaint in C.C.No.263 of 2020 on the file of the Court of Addl. Judicial Magistrate of First Class, Markapur, by setting-aside the Orders dt.13-3-2020 passed by in C.C.No.263 of 2020 of the Court of Addl. Judicial Magistrate of First Class, Markapur in taking the complaint on file, and thus dismiss the complaint in C.C.No.263 of 2020, and pass such other order or orders. IA NO: 1 OF 2020 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 of all further proceedings of C.C.No.263 of 2020 on the file of the Court of Addl. Judicial Magistrate of First Class, Markapur, including the attendance of the petitioners for every adjournment pending disposal of the above criminal petition and pass such other order or orders. Counsel for the Petitioner/accused(S): 1. P RAJESH BABU Counsel for the Respondent/complainant(S): 1. ANKALLA PRUDHVI RAJ 2. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER : Heard Sri P.Rajesh Babu, learned counsel for the petitioners, Sri A.Prudhvi Raj, learned counsel for respondent No.1 and Ms.K.Priyanka 3 Lakshmi, learned Assistant Public Prosecutor, appearing for the 2nd respondent. 2. Learned counsel for the petitioners would submit that in fact, some criminal complaints were lodged against respondent No.1 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. During pendency of said cases, the present case has been lodged against the petitioners to circumvent the said cases, which are pending before concerned trial Courts. 3. Learned counsel for respondent No.1, at this juncture, would submit that the Court may pass appropriate orders regarding quashment of the complaint in C.C.No.263 of 2020 on the file of learned Additional Judicial Magistrate of First Class, Markapur and liberty may be given to respondent No.1 to raise all his contentions in the cases which are pending against him on the complaints made by the petitioners. 4. Learned Assistant Public Prosecutor would submit that Court may pass appropriate orders. 5. Considering the submissions, since the contention raised in the present petition is a matter of defence in the cases lodged against respondent No.1 on the complaints made by the petitioners, it is apposite to dispose of the present criminal petition by quashing the criminal case in C.C.No.263 of 2020 on the file of learned Additional Judicial Magistrate of First Class, Markapur, against 4 the petitioner, since it is a pre-mature stage to decide. However, respondent No.1 is at liberty to raise all his contentions before the appropriate Court, where he is facing the trial, on the complaints lodged by the petitioners and the learned Judge may take appropriate decision according to law. 6. With the above 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 ARR 5 128 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5187/2020 Dt. 21.07.2025 ARR