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2025 DAILYLAW 25803 (AP)

Auram Bali Reddy v. The State of Andhra Pradesh

CRLP/7584/2025 · 2025-07-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010364792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7584/2025 Between: 1. AURAM BALI REDDY, S/O NARASIMHA REDDY, AGED ABOUT 52 YEARS, OCC BUSINESS, R/O DOOR NO.3-135, DURGA NAGAR COLONY, CHILKUR- 501504, MOINABAD MANDAL, RANGA REDDY DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., AMARAVATHI, A.P. 2. BOLLA NAGA MALLESWARA RAO, S/O PEDA ANJAIAH, AGED ABOUT 43 YEARS, R/O D. NO. 157, GOGULAPADU VILLAGE, ROMPICHERLA MANDAL AND P.S. LIMITS, PALNADU 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 grant such an imperative stay including exemption to his appearance in all the further proceedings in S.T.C.No. 399 OF 2024 on the file of the Hon’ble II Additionional Civil Judge, Junior Division: Narasaraopet, Palnadu District., pending disposal of the above Crminal Petition and grant such 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 certified copy of S.T.C.No. 399 OF 2024 in The Court Of Hon’ble li Additional Civil Judge, Junior Division: Narasaraopet Palnadu District and pass such 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 grant such an imperative stay including exemption to his appearance in all the further proceedings in S.T.C.No. 399 OF 2024 on the file of the Hon’ble II 2 Additionional Civil Judge, Junior Division: Narasaraopet, Palnadu District., pending disposal of the above Crminal Petition and grant such Counsel for the Petitioner/accused: 1. PAVULURI SREENIVASULU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court Made the Following Order: The instant petition under Section 528 of the BNSS has been filed by the Petitioner/Accused, seeking quashment of proceedings against him in STC No.399 of 2024 on the file of the Court of II Additional Civil Judge: Junior Division, Narasaraopet. 2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for respondent No.1/State. 3. Learned counsel for the petitioner submits that the contention raised in the present petition is that there is no legally enforceable debt, and the subject cheque was given as security and these are all defences available to the petitioner/accused before the trial Court. 4. Learned Assistant Public Prosecutor would submit that it is not a fit case for quashment. 5. The contentions raised by the learned counsel for the petitioner touching the factual aspects of the matter, this Court cannot entertain the quash petition. 6. In that view, the petition is disposed of, without causing any prejudice to the rights and contentions of the petitioner before the trial Court. However, the petitioner is at liberty to raise all these contentions 3 before the trial Court and the learned Judge may appreciate them and take appropriate decision, in accordance with law. Pending applications, if any, shall stand closed. ___________________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 22.07.2025 ASR 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.7584 of 2025 Dt.22.07.2025 ASR