APHC010374132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7701/2025 Between: 1. NARAGANI SIVA SUBRAMANYAM, S/O. VENKATESWARA RAO, AGED 41 YEARS, R/O. D.NO. 1-568-A, RT.C.COLONY, PAMARRU ROAD, GUDIVADA-521301, KRISHNA DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P, AMARAVATHI. 2. NANDAM GOPICHAND, S/O. VENKATADRI, AGED 41 YEARS. PROP. CITY TAILORS, VIJAYA BANK ROAD, GUDIVADA-521301, KRISHNA 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 Courtpleased to quash the order passed in Crl.M.P.No.40 of 2023 dated 27/01/2025 in Criminal Appeal No. 165 of 2016 on the file of Xlth Additional District and Sessions Judge Court, Krishna District at Gudivada by permitting the Petitioner to adduce further evidence in Crl.A.No.165 of 2016 on the file of Xlth Additional District and Sessions Judge Court at Gudivada, Krishna District in the interest of justice and 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 2 High Court may be pleased pleased to dispense with filing of the original certified copy of Criminal M.P.No. 40 of 2023 in Crl.A.No.l65 of 2016, dated 27.01.2025 on the file of XI th Additional District and Sessions Judge, Krishna District at Gudivada before this HonTDle Court and 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 Pleased stay of all proceedings in Criminal Appeal No. 165 of 2016 on the file of XI th Additional District and Sessions Judge, Krishna District at Gudivada till pending disposal of the main Quash Petition and pass Counsel for the Petitioner/accused: 1. BALA KRISHNA SASTRY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following: ORDER : The instant petition under Section 482 of the Code of Criminal Procedure, 1973, has been filed by the petitioner seeking quashment of the proceedings against him in Crl.M.P.No.40 of 2023 in Criminal Appeal No. 165 of 2016, on the file of X Additional District and Sessions Judge Court, Krishna District, Gudivada. 2. Heard Sri J. Bala Krishna Sastry, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. Learned counsel for the petitioner submits that the petitioner borrowed Rs. 1,25,000/- from the 2nd respondent with 24% annual interest by executing a promissory note. Upon repeated demands, the petitioner, on 25.11.2023, issued a cheque for Rs. 1,00,000/- in favour of the 2nd respondent, which was dishonoured on the same day. After the lapse of the statutory period for payment, the 2nd respondent filed C.C. No. 70 of 2014 before the Additional Judicial Magistrate of First Class, Gudivada, resulting in the petitioner’s conviction under Section 138 of the N.I. Act. Learned counsel would further submit that, challenging the conviction, the petitioner filed Criminal Appeal No. 165 of 2016 before the XI Additional District and Sessions Judge, Krishna District. During the appeal, the 2nd respondent allegedly admitted to lending only Rs. 15,000/- and having obtained a blank signed promissory note and a blank signed cheque from the petitioner, which was video recorded by the petitioner. Based on this, the petitioner filed Crl.M.P. No. 40 of 2023 seeking 4 to adduce additional evidence, which was dismissed by the appellate Court. Aggrieved, the petitioner has filed this Criminal Petition. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions made and on perusal of the judgment of the appellate Court, the learned trial Judge rightly dismissed Crl.M.P.No.40 of 2023 in Crl.A.No.165 of 2016 on the ground that, during the course of trial, the petitioner’s plea was that the 2nd respondent never gave any amount; whereas in Crl.M.P.No.40 of 2023, he has taken a new plea that the respondent lent an amount of Rs. 15,000/- only and obtained the blank promissory note and cheque from the petitioner/appellant, which is completely new and contrary to the plea taken by the petitioner at the appellate stage. 6. In view of the above, this Court is of the opinion that the impugned order does not warrant interference, since it is a reasoned order. Therefore, this Criminal Petition lacks substance and deserves to be dismissed. 7. In the result, this Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 23-07-2025 MH 5 204 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.7701 of 2025 Dt.23.07.2025 MH