APHC010351232025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7298 OF 2025 Between: Parasa Raghu Ramaiah, S/o.Narasaiah, aged about 63 years, Occ.Retired Employee, R/o.Garikaparru Village, Thotlavalluru Mandal, Krishna District. ...Petitioner/Complainant AND 1. Kandaswamy Subrahmanyam, S/o.Kandaswamy, aged about 59 years, R/o.VTPS Canteen, Junior Plant Attendant, Ibrahimpatnam Village and Mandal, Krishna District. ... Respondent/Accused 2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings, Velagapudi, Amaravati, Guntur District. ...Respondent/Respondent Petition filed under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records of the Order dated 02-04- 2025 in CRL.M.P No.154 of 2025 in C.C.No.272 of 2022 on the file of the Court of the X Additional Judicial First Class Magistrate at Vuyyuru, Krishna District and quash the same. lA NO: 1 OF 2025 Petition filed under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant stay all further proceedings including appearance of the petitioner in C.C.No.272 of 2022 on the file of the Court of the X Additional Judicial First Class Magistrate at Vuyyuru, Krishna District, pending disposal of the above Criminal Petition. Counsel for the Petitioner: Sri Ghantasala Udaya Bhaskar Counsel for the Respondent No.1:- Counsel for the Respondent No.2: Ms.K.Priyanka Lakshmi, Assistant Public Prosecutor The Court made the following Order: 1 APHC010351232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7298/2025 Between; 1.PARASA RAGHU RAMAIAH, S/0. NARASAIAH, AGED ABOUT 63 OCC.RETIRED EMPLOYEE. YEARS VILLAGE, THOTLAVALLURU MANDAL, KRISHNA DISTRICT. R/0. GARIKAPARRU ...PETITIONER/ACCUSED AND 1.KANDASWAMY SUBRAHMANYAM, S/0. KANDASWAMY, AGED R/0. VTPS CANTEEN, JUNIOR PLANT ABOUT 59 YEARS, ATTENDANT IBRAHIMPATNAM VILLAGE AND MANDAL, KRISHNA DISTRICT. 2.THE STATE OF ANDHRA PRADESH. REP. BY ITS PUBLIC HIGH COURT BUILDINGS. PROSECUTOR, AMARAVATI, GUNTUR DISTRICT. VELAGAPUDI ...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 CourtPleased to call for the records of the Order dated 02-04- 2025 in CRL.M.P No 154 of 2025 in C.C.No.272 of 2022 on the file of the court of the X Additional Judicial First Class Magistrate at Vuyyuru, Krishna District and quash the same as abuse of process of law and 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 1 2 High Court may be pleased Pleased to grant stay of all further proceedings including appearance of the petitioner in C.C.No.272 of 2022 on the file of the court of the X Additional Judicial First Class Magistrate at Vuyyuru, Krishna District, pending disposal of the above Criminal Petition and pass Counsel for the Petitioner/accused: 1.GHANTASALA UDAYA BHASKAR Counsel for the Respondent/complainant{S): 1. PUBLIC PROSECUTOR 2. 3 The Court made the following: ORDER: The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNNS’) has been filed by the petitioner/complainant seeking quashment of the impugned order dated 02.04.2025 in CrI.M.P. No. 154 of 2025 in C.C. 272 of 2022 on the file of the Court of the X Additional Judicial First Class Magistrate, Vuyyuru, Krishna District. 2. Heard Sri Ghantasala Udaya Bhaskar, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. Learned counsel for the petitioner would submit that the petitioner herein is the complainant. On the given date, he could not cross-examine D.W.1. The petitioner filed a private complaint against respondent No.2 for the offences punishable under Section 138 of the Negotiable Instruments Act, 1881. The son of the accused is D.W.1. Thereafter, the petitioner filed CrI.M.P.No.154 of 2022 to recall D.W.1, which was allowed with a condition to pay Rs. 500/- to D.W.1. On 02.04.2025, the order shows that as the condition was not complied with by the petitioner, the petition was dismissed. Learned counsel would submit that on 02.04.2025, the proceedings sheet would show that the accused was absent, due to which the complainant could not pay Rs. 500/- to him, which was beyond his control. Learned counsel would further submit that an opportunity may be given to the complainant to pursue his case by cross- examining D.W.1. 4 4. Learned Assistant Public Prosecutor takes notice on behalf of the State and would submit that the Court may pass appropriate orders. 5. As can be seen from the impugned order, and as rightly put by the learned counsel for the petitioner, the son of D.W.1 was not present on that date before the Court, due to which the complainant could not pay Rs. 500/- to the witness. In that view, it is apposite to allow this criminal petition. 6. In the result, this Criminal Petition is allowed, quashing the impugned order dated 02.04.2025 in CrI.M.P. No. 154 of 2025 in C.C. 272 of 2022 on the file of the Court of the X Additional Judicial First Class Magistrate, Vuyyuru, Krishna District. The concerned learned trial Judge is directed to fix a date for cross-examination of D.W.1, and on that date, the complainant has to pay Rs. 500/- as imposed by the trial Court without fail. Failing which, this order shall stand cancelled, any, shall stand closed. As a sequel thereto, miscellaneous petitions pending, if Sd/- A VIJAYA BABU ASSISTANT REGISXBAR //TRUE COPY// SECTION OFFICER To, 1. The X Additional Judicial Magistrate of First Class, Vuyyuru, Krishna District. 2. One CC to Sri Ghantasala Udaya Bhaskar, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 4. Two CD Copies BSV VNA HIGH COURT DATED:15/07/2025 ORDER m 2 5 JUL 2025 p ^■^gSPATCa^-^ CRLP NO. 7298 OF 2025 ALLOWING THE CRIMINAL PETITION