1 APHC010461732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9285/2025 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.NO.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 CRIMINAL PETITION NO: 9285 of 2025 ORDER: The instant criminal petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused, seeking to quash the order dated 29.07.2025 passed by the V Additional Judicial Magistrate of First Class, Kakinada, in Crl.M.P.No.3233 of 2025 in C.C.No.129 of 2020. 2. Heard Sri Venkateswarlu Paladugu, learned counsel for the Petitioner/Accused and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petitioner herein is facing trial for the offence under Section 138 of Negotiable Instruments Act. The petitioner has moved a petition in Crl.M.P.No.3233 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 promissory note. The matter is coming up for further evidence of the accused. 3 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 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 promissory 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.3233 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. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 09.09.2025 ASR 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9285 of 2025 Dated.09.09.2025 Asr 449