APHC010454582025 0B0 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY. THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9035 OF 2025 Between: Kesapuram Sudhakar, S/o.Late K.V.Mallappa, aged about, 52 years, Occupation:Advocate, Office at Flat No. 102, Plot No.27, Madhapur, Hyderabad. ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep., by its Public Prosecutor, High Court of A. P. Amaravati. Smt Kolakaleti Ramani, W/o.Basava Puma Chandra Rao, aged about 38 years, R/o.D.No.44-15-786/A, Lenin Nagar, Gunadala, Vijayawada, NTR District. 2. ...Respondents Petition filed under Section 482 read with 70 (2) of Cr.P.C and Section 528 read with 72 (2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in Order dated 06.08.2025 dismissing recall petition and the NBW issued against the Petitioner in CC. No. 123 of 2023 on the file of the Court of 1st Special Magistrate, Vijayawada against the Petitioner/Accused. lA NO: 1 OF 2025 Petition filed under Section 482 of Cr.P.C and Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in CC. No. 123 of 2023 on the file of the Court of 1st Special Magistrate, Vijayawada including the appearance of the petitioner/Accused till the disposal of the main Quash Petition. Counsel for the Petitioner: Sri Biiaal Ahmed Syed Counsel for the Respondent No.1; Ms.K.Priyanka Lakshmi, Assistant Public Prosecutor Counsel for the Respondent No.2:-- The Court made the following: APHC010454582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9035/2025 THE HONOURABLE Between: 1KESAPURAM SUDHAKAR, S/0. LATE K.V.MALLAPPA AGED ABOUT, 52 YEARS. OCCUPATION ADVOCATE OFFICE AT FLAT NO. 102, PLOT N0.27, MADHAPUR, HYDERABAD ...PETITIONER/ACCUSED AND STATE OF ANDHRA PRADESH, REP., BY ITS PUBLIC 1 THE PROSECUTOR. HIGH COURT OF A.P. AMARAVATI. 2 KOLAKALETI RAMANl. W/0 BASAVA PUMA CHANDRA RAO AGED ABOUT 38 YEARS, R/0 D.NO. 44-15-786/A, LENIN NAGAR, GUNADALA, VIJAYAWADA, NTR DISTRICT. ...RESPONDENT/COMPLAINANT(S); Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS the circumstances stated in the Memorandum of Grounds of High Courtpleased to quash the proceedings in Order recall petition and the NBW issued against the the file of the COURT OF 1st SPECIAL praying that in Criminal Petition, the dt. 06.08.2025 dismissing Petitioner in CC. No. 123 of 2023 on VIJAYAWADA against the Petitioner/Accused and pass MAGISTRATE lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 f f^S praying ha, ,n the circumstances stated in the Memorandum of Grounds Cr mina Petition.the High Court may be pleased pleased to 9^;;'^ proceedings in CC. No. 123 of 2023 on the file of the COURT OF 1st SPECIAL MAGISTRATE, VIJAYAWADA including the appearance of the 2 petitioner/Accused till the disposal of the Main Quash Petition in the interest of the justice and pass Counsel for the Petitioner/accused; 1.B1LAAL AHMED SYED Counsel for the Respondent/complainant(S); 1.PUBLIC PROSECUTOR 3 The Court made the following: ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Petitioner/Accused seeking quashment of proceedings against him in CC.No.123 of 2023 on the file of the Court of 1st Special Magistrate, Vijayawada. Heard Sri Bilaal Ahmed Syed, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. Learned counsel for the petitioner would submit that the petitioner is K 2. 3. facing a private complaint filed by respondent No.2 for the offences punishable under Section 138 of the Negotiable Instruments Act. Learned counsel would further submit that the petitioner had no knowledge about the issuance of summons by the Court through WhatsApp and, therefore, could attend before the trial Court. Then the trial Court issued the Non-Bailable the presence of the petitioner. Hence, he got a petition counsel to recall the Non-Bailable Warrant, which was not Warrant, to secure filed through his dismissed by the Court. Learned counsel would further submit that though the learned counsel on record appeared before the Court, the learned Judge insisted on the presence of the petitioner before the Court, and the matter is now coming up for his appearance. Learned counsel would submit that the Court may pass appropriate orders, since the petitioner is ready to furnish the satisfaction of the Court to ensure his presence before the sureties to trial Court for future adjournments. 4 tJs Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. In that view, the Criminal Petition is disposed of. However, the petitioner is directed to appear before the Court on 08.09.2025 and move an application to recall the warrant. On filing such an application, the learned Judge may consider the grievance of the petitioner and take appropriate sureties to ensure the presence of the petitioner in future adjournments before the trial Court. 4. 5. 6. With these observations, this criminal petition is disposed of. Registry is directed to communicate the copy of the order to the concerned Magistrate Court forthwith. Pending interlocutory applications, if any, shall stands closed. 7. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Krishna District. (Special Special Magistrate, Vijayawada 1. The I Messenger) Sri Bilaal Ahmed Syed, Advocate [OPUC] 2. OneCCto High Court of A.P at Amaravati 3. Two CCs to the Public Prosecutor [OUT] 4. Two CD Copies BSV vna HIGH COURT DATED:02/09/2025 ORDER CRLP NO. 9035 OF 2025 DISPOSING OF THE CRIMINAL PETITION