APHC010473832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9588/2025 Between: 1. SMT MUSUNURU VIJAYA, W/O. SUBBA RAO, AGED 57 YEARS, R/O. FLAT NO. 504, KAC PLAZA APARTMENTS, MUTHYUALAPALEM, RAMALINGAPURAM, NELLORE CITY. ...PETITIONER/ACCUSED AND 1. MOCHERLA SUDHAKAR REDDY, S/O. RAMANA REDDY, AGED 71 YEARS, R/O. D NO. 24-7-380, 3RD STREET, RAVINDRA NAGAR, NEAR KONDAYAPALEM GATE, NELLORE CITY. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT BLDGS, AMARAVATI, GUNTUR DIST. ...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 Court may be pleased to call for the records relating to C.C.No.1473/2020 on the file of II Additional Judicial Magistrate of First Class, Nellore and quash the same as illegal, in the interest of justice and to pass necessary order or orders as this Honble Court may deem fit. 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 grant stay of all further proceedings in C.C.No.1473/2020 on the file of 11 Additional Judicial 2 Magistrate of First Class, Nellore, pending disposal of the above Criminal Petition in the interest of justice and to pass necessary order or orders as this Hon’ble Court may deem fit. Counsel for the Petitioner/accused: 1. T C KRISHNAN Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9588 OF 2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused, seeking quashment of the proceedings pending against them in C.C. No. 1473 of 2020 on the file of learned II Additional Judicial Magistrate of First Class, Nellore, for the offences punishable under Sections 138 and 142 of Negotiable Instrument Act. 2. Heard Sri T.C.Krishnan, 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 further submit that the petition may be disposed of without causing any prejudice to the rights and contentions of the petitioner by dispensing the presence of the petitioner before the Trial Court. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions, the Criminal Petition is disposed of. However, the presence of the petitioner/Accused before the Trial Court is dispensed with, unless her presence is specifically directed by the Trial Court. 4 However, petitioner/Accused No.1 is at liberty to raise all the contentions before the Trial Court in the defence. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 15.09.2025 SNI 5 99 THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No.9588 of 2025 Date: 15.09.2025 SNI