APHC010461812025 IN THE HIGH COURT OF ANDHRA PRADS AT AMARAVATI I B5B MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.9233 OF 2025 Between: Damalanka Venkateswararao, S/o. Pullayya, aged about 55 Employee in JNTU (K). Kakinada. years, I I ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. 2. Dolinki Veerabhadrarao, S/o. Venkatarao, Business, D.No.6-5-2, Pathrulavari Street, Samalkota. aged about 50 years j ...Respondents/Complainants Petition under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition High Court may be pleased to quash the impugned order, dated: 29-07-2025 passed in CrI.M.P. No.3219/2025 in C.C. No.129/2020 by the Court of the V Additional Judicial Magistrate of First Class, Kakinada application and permit to reopen for purpose of evidence of PW-1 cross- examination. , the I Allow the said for further y ■ lA No.1 OF 2025 Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in C.C.No. 129/2020 pending before the Court of the V Additional Judicial Magistrate of First Class, Kakinada, pending disposal of the Criminal Revision Case. / Counsel for the Petitioner: SRI VENKATESWARLU PALADUGU Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: 1 APHC01046t812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9233/2025 Between: 1.DAMALANKA VENKATESWARARAO, S/O.PULLAYYA, AGED ABOUT 55 YEARS. EMPLOYEE IN JNTU(K), KAKINADA ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI 2.DOLINKI VEERABHADRARAO, S/O.VENKATARAO,AGED ABOUT 50 YEARS. BUSINESS, D n6.6-5-2, PATHRULAVARI STREET, SAMALKOTA ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.VENKATESWARLU PALADUGU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA r.PIMINAL PETITIOM NO: 9233/2025 ORDER: K under Section 482 of the Code of The instant criminal petition Criminal Procedure, 1973 (for short 'Cr.P.Cyunder Section 528 of Bharatiya 2023 (for short 'BNSS') has been filed by the quash the order dated 29.07.2025 passed by Judicial Magistrate of First Class, Kakinada, in Nagarik Suraksha Sanhita Petitioner/Accused, seeking to the V Additional Crl.M.P.No.3219 of 2025 in G.C.No.129 of 2020. Sri Venkateswarlu Paladugu, learned counsel for the i learned Assistant Public 2. Heard Petitioner/Accused and Ms. KPriyanka Lakshmi Prosecutor on behalf of the State. Learned counsel for the petitioner would submit that the petitioner herein is facing trial for the offence under Section 138 of Negotiable i instruments Act. The petitioner has moved a petition in Crl.M.P.No.3219 of ■ 2025 in C.C.No.129 of 2020 On the file of V Additional Judicial Magistrate of First Class, Kakinada seeking to reopen the evidence of the complainant and recall PW1 for further cross examination, that was not considered by the Trial Court and the same was dismissed vide order dated 29.07.2025. Learned counsel for the petitioner would further submit that PW1 needs to be recalled for posing some questions regarding the discrepancies relating to the pro note. The matter is coming up for further evidence of the accused. 3. 1 3 4. Learned Assistant Public Prosecutor would submit that the pass appropriate orders. Court may ^ \ \ \ 5. Considering the submissions, since the matter is coming up for further evidence of the accused, the learned Trial Judge is directed to give an opportunity to the petitioner to further cross examine the PW1 further relating to the discrepancies in pro-note and the petitioner is not permitted to put any questions which were already covered by earlier cross examination of PW1 Accordingly, the Criminal Petition is allowed by setting aside the order dated 29.07.2025 passed by the learned V Additional Judicial Magistrate of First Class, Kakinada, in Crl.M.P.No.3219 of 2025 in C.C.No.129 of 2020. The PW1 is directed to be recalled on payment of costs of Rs. 10,000/- (Rupees Ten thousand only) to the PW1. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR vK //TRUE COPY// SECTION OFFICER To, 1. The V Additional Judicial Magistrate of First Class, Kakinada, East Godavari District. 2. One CC to Sri. Venkateswarlu Paladugu, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, at Amaravati [OUT] 4. Two CD Copies Gkk sree \ HIGH COURT DATED:08/09/2025 ORDER CRLP No.9233 OF 2025 ;) cr 3=( 2 h SEP ?0?5 C9 rrentSecti# ALLOWING THE CRIMINAL PETITION