APHC010517662022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Nos: 7718, 7719 and 7723 of 2022 CRIMINAL PETITION NO: 7718/2022 Between: 1. PALLELA ADITYA KIRAN REDDY,, S/O. SUBHASH REDDY, AGED ABOUT 28 YEARS, OCCBUSINESS, C/O FLAT NO. 402, SWARNA PALACE, SRINAGAR COLONY, BANJARA HILLS, HYDERABAD ...PETITIONER/ACCUSED AND 1. STATE BY REP BY PUBLIC PROSECUTOR, STATE BY REP. BY PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. KOLLI HARSHA VARDHAN, S/O. GUNTUR, AGED ABOUT 48 YEARS, OCCBUSINESS, R/ O. SEETHARAMPURAM MINES ROAD, KONTAMODU, PIDUGURALA TOWN, GUNTUR DISTRICT, A.P. ...RESPONDENT/COMPLAINANT(S): CRIMINAL PETITION NO: 7719/2022 Between: 1. PALLELA ADITYA KIRAN REDDY, S/O. SUBHASH REDDY, AGED ABOUT 28 YEARS, OCC.BUSINESS, C/O. FLAT NO.402, SWARNA PALACE, SRINAGAR COLONY, BANJARA HILLS, HYDERABAD. ...PETITIONER/ACCUSED AND 2 1. THE STATE OF ANDHRA PRADESH, STATE BY REP. BY PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. KOLLI HARSHA VARDHAN, S/O. GUNTUR, AGED ABOUT 48 YEARS, OCC.BUSINESS, R/O. SEETHARAMPURAM MINES ROAD, KONTAMODU, PIDUGURALA TOWN, GUNTUR DISTRICT, A.P ...RESPONDENT/COMPLAINANT(S): CRIMINAL PETITION NO: 7723/2022 Between: 1. PALLELA ADITYA KIRAN REDDY, S/O. SUBHASH REDDY, AGED ABOUT 28 YEARS, OCC.BUSINESS, C/O. FLAT NO.402, SWARNA PALACE, SRINAGAR COLONY, BANJARA HILLS, HYDERABAD. ...PETITIONER/ACCUSED AND 1. STATE BY REP BY PUBLIC PROSECUTOR, REP. BY PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. KOLLI HARSHA VARDHAN, S/O. GUNTUR, AGED ABOUT 48 YEARS, OCC.BUSINESS, R/O. SEETHARAMPURAM MINES ROAD, KONTAMODU, PIDUGURALA. TOWN, GUNTUR DISTRICT, A.P. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. O M R LAW FIRM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. VENKATA DURGA RAO ANANTHA 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Nos: 7718, 7719 and 7723 of 2022 The Court made the following: COMMON ORDER: The instant petitions under Section 482 of the Criminal Procedure Code, 1973, have been filed by the petitioner/accused, seeking quashment of proceedings against him in C.C.Nos.622, 620, and 621 of 2021, on the file of the Learned Junior Civil Judge, Piduguralla, Guntur District. 2. Heard Sri A. Venkata Durga Rao, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. Learned counsel for the petitioner would submit that the petitioner is facing a complaint for the offences under Section 138 of the Negotiable Instruments Act, 1881. Learned counsel would further submit that, by showing the firm as the accused, the complaint has been lodged against the petitioner, though the cheques bearing Nos.099207, 099208 and 099209 were issued in the name of the firm. 4. Learned counsel for respondent No.2 would submit that it is only a proprietary concern. Such being the case, the firm need not be shown as an accused. A case can be lodged against the petitioner since the proprietary concern and the individual are one and the same. 5. Considering the submissions and a fair look at the subject cheques placed before this Court, it appears there is some force in the contentions 4 of the learned counsel for respondent No.2 that it is not a company. Such being the case, there is no merit in the contention of the petitioner that the complaint is not maintainable without showing the firm as an accused. 6. In that view, these criminal petitions are dismissed. Pending interlocutory applications, if any, shall stands closed. Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 01.08.2025 MH 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 48 CRIMINAL PETITION Nos: 7718, 7719 and 7723 of 2022 Dt: 01.08.2025 MH