APHC010333932023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 4831/2023 Between: Sai Bhaskar Irons Limited and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. R SIVA SAI SWARUP Counsel for the Respondent/complainant(S): 1. A S C BOSE 2. PUBLIC PROSECUTOR (AP) The Court made the following order: This Criminal Petition is filed by the petitioners herein/A1 to A3 under Section 482 of Cr.P.C., to quash the proceedings in C.C.No.42 of 2018 on the file of the learned III Special Magistrate Court, Visakhapatnam, registered for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881. 2 2. Heard Sri R.Siva Sai Swarup, learned counsel for the petitioners, learned Additional Public Prosecutor representing the State and Sri A.S.C.Bose, learned counsel for respondent No.2. 3. Learned counsel for the petitioners would submit that the learned Magistrate registered the complaint as a Calendar Case No.42 of 2018 and proceeding with the trial as summons case instead of summary trial which is against the provisions of the Negotiable Instruments Act, 1881 as per the Judgment of Hon’ble Apex Court dated 16.04.2021 in Suo Motu Writ Petition (Crl.) No.2 of 2020, in the Expeditious Trial of Cases Under Section 138 of Negotiable Instrument Act, 1881. 4. Perusal of the record will show that the complaint filed by the respondent No.2 for the offence under Section 138 of the NI Act was registered as calendar case and the learned Magistrate is proceeding with the case by applying the summons procedure instead of summary trial. Therefore, it is against the principles laid down by the Hon’ble Apex Court in the above referred case. 5. In the light of foregoing discussion, this Court is of the considered opinion that the Criminal Petition can be disposed of at the stage of admission itself, without going into the merits of the case, with a direction to the learned Magistrate to register the case as summary trial case, instead of Calendar Case for summons trial; accordingly, 3 proceed with the trial following summary trial procedure and dispose of the same as expeditiously as possible, preferably within a period of six (06) months from the date of receipt of copy of this order, as the matter pertains to the year, 2018. However, the learned Magistrate is at liberty to take a decision as per law, during trial proceedings of the case to convert the case from summary trial to summons case by recording reasons, as laid down by the Hon’ble Apex Court in the above judgment. 6. Accordingly, the Criminal Petition is disposed of. The presence of the petitioner Nos.1 & 2 herein/A-1 & A-2 before the trial Court is dispensed with, except on those dates when their presence is necessary, as ordered by the learned Magistrate. As a sequel thereto, the interlocutory applications, if any, pending in this Criminal Petition shall stand closed. JUSTICE B.V.L.N.CHAKRAVARTHI Dt. 25.02.2025 RMD 4 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI Criminal Petition No:4831 OF 2023 Date: 25.02.2025 RMD