1 APHC010335892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6968/2025 Between: 1. KVS PRASAD, S/O. SUBBA RAO, R/O.5-92-47/9, LAKSHMI NILAYAM, DEVAPURAM, GUNTUR DISTRICT CURRENTLY RESIDING AT D.NO. 123-126, FLAT NO.501, DREAM PALACE, TARAKARAMA NAGAR 1ST LANE EXTENSION (JAYANTHI NAGAR 9TH LANE), BESIDE ORION HOTEL, JKC COLLEGE ROAD, GUNTUR DIS ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP.BY STATION HOUSE OFFICER, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. KANIGOLLA SRINIVASA RAO, R/O. EASTREN STREET, ELURU, 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 proceedings in CC 1046/2021 on the file of Hon’ble Judicial Magistrate of 1®‘ class cum mobile for trial of cases under 2 PCR Act at Eluru- Cum III Addl. Junior Civil Judge, Eluru against the petitioner/accused and to pass IA 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 dispense with filing of the complaint, CRLMP.No. /2024, Chief examination affidavit of PW.1 and summons in CC 1046/2021 on the file of Hon’ble Judicial Magistrate of 1®* class cum mobile for trial of cases under PCR Act at Eluru- Cum III Addl. Junior Civil Judge, Eluru against the petitioners/accused and the petitioner shall file the same in due course, pending disposal of the main criminal petition and to pass IA 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 may be pleased to stay all further proceedings including the appearance of the Petitioner/Accused in CC 1046/2021 on the file of Hon’ble Judicial Magistrate of 1®* class cum mobile for trial of cases under PCR Act at Eluru- Cum III Addl. Junior Civil Judge, Eluru against the petitioners/accused pending disposal of the main criminal petition and to pass Counsel for the Petitioner/accused: 1. RAJA MANURI VENKATA SUMANTH Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following order: Petitioner, seeking quash of C.C.No.1046 of 2021 on the file of Judicial Magistrate of First Class for Mobile for Trial of Cases- cum-, III Additional Junior Civil Judge, Eluru, West Godavari District, filed the present Criminal Petition. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the State. 3. Learned counsel for the petitioner submits that the petitioner has no acquaintance with the 2nd respondent and that the signature on the cheque is disputed. It is submitted that a legal notice is also not served on the petitioner. Apart from that, it is also submitted that the cheque was issued from the account of propriety by name Durga Menswear. As such, the complaint filed against the petitioner is illegal. It is submitted that the petitioner is not the person liable to discharge the debt or liability to the 2nd respondent and the propriety concerned is also not made as a party in the complaint, as such, learned counsel for the petitioner requests this Court to quash the said C.C. 4. On a query from the Court, it is submitted by the learned counsel for the petitioner that the case is coming for the defence evidence before the trial Court. 4 5. Considering the submissions that the petitioner is unwell, the presence of the petitioner before the trial Court is dispensed, except on the dates when the petitioner presence is required and as directed by the learned Magistrate, for the purpose of trial. It is left open to the learned Magistrate to decide C.C.No.1046 of 2021 on its own merits. 6. Accordingly, the Criminal Petition is disposed of. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________ JUSTICE HARINATH.N Date: 08.07.2025 ANS 5 230 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6968/2025 Date: 08.07.2025 ANS