NARALA RAMANA REDDY v. M/S SHRIRAM CITY UNION FINANCE LIMITED
CRLP/7946/2024 · 2025-08-11
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33229 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33229 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010496742024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7946 & 7947 OF 2024 CRL.P.N0.7946 OF 2024 BETWEEN: Narala Ramana Reddy, S/o. Koti Reddy, Aged 53 years. Business, R/o. H.No.6-124-2/1, Sri Nagar Colony, 1 Prakasam District, A.P St Lane, Kurnool Road, Ongole, ...Petitioner/Accused AND
1. M/s Shriram City Union Finance Limited, Rep., by its Authorized Signatory, Sd. Rafee, S/o. Khader Basha, aged 37 years, Ramakoti Nagar, Podalakur Road, Nellore town, SPSR Nellore District, A.P.
2. The State of Andhra Pradesh, Represented by Public Prosecutor, High Court of Andhra Pradesh. ...Respondents/Complainant&State Petition under Section 528 of BNSS (Old Sec.482 of Cr.P.C.) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may kindly be pleased to quash the Complaint in C.C. No.1477 of 2019 on the file of Court of the II Addl. Judicial Magistrate of First Class, Nellore, SPSR Nellore District against the Petitioner/Accused for the Offence punishable U/Secs.138 & 142 of N.I.Act. f lA NO: 1 OF 2024 Petition under Section 528 of BNSS (Old Sec.482 of Cr.P.C.) 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 proceedings consequent to the Complaint in C.C.No.1477 of 2019 on the file of Court of the II Addl. Judicial Magistrate of First Class, Nellore, SPSR Nellore District against the Petitioner /Accused for the offence punishable U/Sec.138 & 142 of N.l. Act including the appearance of the petitioner, pending disposal of the main petition. Counsel for the Petitioner:- SRI. SS RAMA KRISHNA PRASAD Counsel for the Respondents:- SRI. O. UDAYA KUMAR Counsel for the Respondents:- PUBLIC PROSECUTOR APHC010496712024 further CRIMINAL PETITION NO: 7947 OF 2024 BETWEEN: Narala Ramana Reddy, S/o. Koti Reddy, Aged 53 years. R/o. H.No.6-124-2/1, Sri Nagar Colony, 1 Prakasam District, A.P. Business, Lane, Kurnool Road, Ongole, ST ...Petitioner/Accused AND
1. M/S SHRIRAM CITY UNION FINANCE LIMITED, Rep., by its Authorized signatory, Sd. Rafee, S/o. Khader Basha, aged 37 years, Ramakoti Nagar, Podalakur Road, Nellore town, SPSR Nellore District, A.P.
2. The State of Andhra Pradesh, Represented by Public Prosecutor, High Court of Andhra Pradesh.
\ i ...Respondents/Complainant & State Petition under Section 528 of BNSS (Old Sec.482 Cr.P.C.) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Complaint in C.C. No. 1478 of 2019 on the file of Court of the II Additional Judicial Magistrate of First Class, Neliore, SPSR Nellore District against the Petitioner /Accused for the offence punishable U/Secs.138 & 142 of N.l. Act. lA NO:
1 OF 2024 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 further proceedings High Court may be pleased to grant stay of all consequent to the Complaint in C.C.No. 1478 of 2019 on the file of Court of the II Addl. Judicial Magistrate of First Class, Nellore, SPSR Nellore District against the Petitioner /Accused for the offence punishable U/Sec.138 & 142 of N.l. Act including the appearance of the petitioner, pending disposal of the main petition. Counsel for the Petitioner:- SRI. SS RAMA KRISHNA PRASAD Counsel for the Respondents:- SRI. O UDAYA KUMAR Counsel for the Respondents:- PUBLIC PROSECUTOR The Court made the following Order:
1 ' APHC010496742024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Nos: 7946 & 7947/2024 CRIMINAL PETITION NO: 7946/2024 Between:
1.NARALA RAMANA REDDY, S/0. KOTI REDDY, AGED 53 YEARS. BUSINESS, R/0 H.NO.6-124-2/1, SRI NAGAR COLONY, 1ST LANE, KURNOOL ROAD, ONGOLE, PRAKASAM DISTRICT, A.P ...PETITIONER/ACCUSED AND 1.M/S SHRIRAM CITY UNION FINANCE LIMITED, REP. BY ITS AUTHORIZED SIGNATORY, SD. RAFEE, S/0 KHADER BASHA, AGED 37 YEARS NELLORE TOWN, SPSR NELLORE DISTRICT, A.P.
2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH.
...RESPONDENT/COMPLAINANT{S): Petition under Section 437/438/439/482of 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 kindly be pleased to quash the Complaint in C.C. No. 1477 of 2019 on the file of Court of the II Addl. Judicial Magistrate of First Class, Nellore, SPSR Nellore District against the Petitioner /Accused for the offence punishable U/Secs.138 & 142 of N.l. Act lA NO: 1 OF 2024 RAMAKOTI NAGAR, PODALAKUR ROAD,
2 1 V 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 to grant stay of all further proceedings consequent to the Complaint in C.C. No. 1477 of 2019 on the file of Court of the II Addl. Judicial Magistrate of First Class, Nellore, SPSR Netlore District against the Petitioner /Accused for the offence punishable U/Sec.138 & 142 of N.l. Act including the appearance of the petitioner, pending disposal of the main petition and to pass Counsel for the Petitioner/accused:
1. SS RAMA KRISHNA PRASAD Counsel for the Respondent/complainant(S):
1.0 UDAYA KUMAR 2.PUBLIC PROSECUTOR CRIMINAL PETITION NO: 7947/2024: Between:
1.NARALA RAMANA REDDY, S/0. KOTI REDDY, AGED 53 YEARS. BUSINESS, R/0 H.NO.6-124-2/1, SRI NAGAR COLONY, 1ST LANE, KURNOOL ROAD, ONGOLE, PRAKASAM DISTRICT, A.P. ...PETITIONER/ACCUSED AND 1.M/S SHRIRAM CITY UNION FINANCE LIMITED, REP. BY ITS AUTHORIZED SIGNATORY, SD. RAFEE AGED 37 YEARS, NELLORE TOWN, SPSR NELLORE DISTRICT, A.P.
2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRAPRADESH. S/0 KHADER BASHA, RAMAKOTI NAGAR, PODALAKUR ROAD, ...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 pleased to quash the Complaint in C.C. No. 1478 of 2019 on the file of Court of the It Addl.
Judicial Magistrate of First
3 r ^ Class, Nellore, SPSR Nellore District against the Petitioner /Accused for the offence punishable U/Secs.138 & 142 of N.l. Act and to pass lA NO: 1 OF 2024 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 further proceedings High Court may be pleased to grant stay of all consequent to the Complaint in C.C. No. 1478 of 2019 on the file of Court of the 11 Addl. Judicial Magistrate of First Class, Nellore, SPSR Nellore District the Petitioner /Accused for the offence punishable U/Sec.138 & 142 against of N.l. Act including the appearance of the petitioner, pending disposal of the main petition and to pass Counsel for the Petitioner/accused;
1.SS RAMA KRISHNA PRASAD Counsel for the Respondent/complainant(S):
1.0 UDAYA KUMAR 2.PUBLIC PROSECUTOR
, w 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Nos: 7946 & 7947/2024 COMMON ORDER: Since the subject matter in these Criminal petitions is one and the at the request of the learned counsel on both sides, these matters are same heard together and passed the following common order. Heard Sri S.Siva Rama Krishna Prasad,
learned counsel for the Petitioner/Accused, Sri O.Udaya Kumar, learned counsel for the respondne4t No.1 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.
Learned counsel for the petitioner would submit that there is agreement between the complainant and the petitioner. As per the agreement, the complainant approached the arbitrator who after enquiry, passed award against which the petitioner filed AOP which is pending. Thereafter, the complainant filed Execution Petition which was dismissed for non prosecution.
Learned counsel would further submit that there is a dispute between the parties regarding the date of issuance of cheque, whether it was given on the date of agreement or after passing of the award in arbitration.
Learned counsel would further submit that the subject cheques were given security purpose and they are blank cheques. The complainant has got filled the cheques and file private complaints against the petitioner. Learned counsel would further submit that the cases against the petitioner for the
2. an
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offence punishable under Sections 138 of N.I.Act is not maintainable, in the light of the points raised in the present petitions. Per contra, learned counsel for the respondent No.1 would submit that there is no dispute about the issuance of the cheques. The grounds raised by the petitioner in the present petitions are dispute questions of facts. This Court cannot decide it while exercising its inherent powers under Section 482 of the Cr.P.C. Learned counsel for the respondent No.1 finally prays for dismissal of the petitions.
4.
5. Considering the submissions and a fair look at the material placed record, as rightly pointed out by the learned counsel for the respondent No.1, the grounds raised are disputed questions of facts and the points raised in the present petitions would require investigation at full length of trial. In that view, these are not fit cases for quashment. on
6. At this Juncture, learned counsel for the petitioner would submit that the petition may be disposed of dispensing the presence of petitioner before the Trial Court.
7. Accordingly, these Criminal Petitions are disposed of. However, the petitioner is at liberty to raise all such contentions before the Trial Court. Learned Trial Judge is requested to look into such aspects and take appropriate decision according to law. However, the presence of the petitioner before the Trial Court is dispensed with unless his presence is specifically
directed by the Trial Court.
6 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. r Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The II Additional Judicial Magistrate of First Class, Nellore, SPSR Nellore District.
2. One CC to Sri. S.S.Rama Krishna Prasad, Advocate [OPUC]
3. One CC to Sri. O. Udaya Kumar, Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT]
5. Two C.D Copies, vna
HIGH COURT DATED:12/08/2025 COMMON ORDER CRLP.NO. 7946 & 7947 OF 2024 S( 0 3 SEP 2025 oi Co I Sectigfl^yy DISMISSING THE CRIMINAL PETITION