APHC010339412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7168/2025 Between: 1. KANUBOYINA PADMAVATHI, (KNUBOINA PADMAVATHI AS SHOWN IN STC), W/ O KRISHNA MURTHY, AGED ABOUT 55 YEARS, R/O D.NO- 1-14, YERRA POTHAVARAM VILLAGE, PAMARRU MANDAL. EAST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2. S VANITHA, D/O S RAMAYYA,AGE- 37 YEARS, R/O D.NO 15- 2012,ASHOKAPURAM, CHITTOOR TOWN, CHITTOOR 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 STC No. 39/2023on the file of the Court of the rv Additional Junior Civil Judge, Chittoorand 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 Stay all further proceedings in STC No. 39/2023on the file of the Court of the IV Additional Junior Civil 2 Judge, Chittoor, against the petitioner, including the stay of appearance of the petitioner herein pending disposal of the Criminal Petition and pass Counsel for the Petitioner/accused: 1. SWATHI PALLEBOYINA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is facing trial in STC.No.39 of 2023 on the file of IV Additional Junior Civil Judge, Chittoor. It is submitted that the petitioner’s son has obtained certain loans from the 2nd respondent and repaid a part of the amounts. However, it is also submitted that an agreement for settlement deed dated 23.05.2022 was executed by the petitioner’s son in favour of the 2nd respondent’s mother agreeing to repay the outstanding due payable. It is also submitted that the 2nd respondent’s mother has also filed Crime No.381 of 2022 against the petitioner’s son, alleging offences under Sections 420, 506 read with 34 of IPC, relating to the same transaction which forms subject of the settlement deed. 2. Learned counsel for the petitioner submits that the petitioner is the mother of K.Srinivas, who has obtained loan from the 2nd respondent. The petitioner is legally not due any amounts to the 2nd respondent; however, she is facing trial for offence under Section 138 of N.I. Act. It is submitted that the petitioner is suffering with ill-health and is unable to travel to Chittoor on each and every date of hearing. The petitioner is residing at East Godavari district, and the 2nd respondent, without any jurisdiction, filed a complaint at Chittoor. 3. Considering the submissions made, the personal appearance of the petitioner in STC.No.39 of 2023 on the file of IV Additional Junior Civil Judge, Chittoor, is hereby dispensed with, except for the dates when the 4 presence of the petitioner is required, as directed by the learned Magistrate, for the purpose of trial. 4. Accordingly, the Criminal Petition is disposed of. 5. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 11.07.2025 BMS