APHC010463892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9744/2025 Between: 1. M/S DHANUNJAYA SERVICE, A REGISTERED FIRM BEARING NO. 145/2002, REP. BY ITS MANAGING PARTNER, PENMETSA RAVI KUMAR, R/O MAIN ROAD, GANAPAVARAM WEST GODAVARI DISTRICT. 2. PENMETSA RAVI KUMAR, S/O LATE VISWANADHA RAJU, AGED ABOUT 60 YEARS, R/O D.NO.4-48, MEDAVARI STREET, GANAPAVARAM, ELURU DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY THE PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH, AMARAVATI 2. PENUMESTA LEELA, W/O VENKATA PRASADA JOGI RAJU AGED ABOUT 61 YEARS, R/O GANAPAVARAM, ELURU DISTRICT ...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 order dated 16.05.2025 passed in Crl.M.P.No.1040 of 2024 in C.C.No.146 of 2018 on the file of the Court of the I Additional Civil Judge (Junior Division)-cum-l Additional Judicial Magistrate of First Class, Eluru, by sending the Ex.XI along with admitted signatures of the 2ND respondent herein for expert opinion, and to pass 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 to grant stay of all further proceedings in C.C. No.146 of 2018 on the file of the Court of the I Additional Civil Judge (Junior Division)-cum- l Additional Judicial Magistrate of First Class, Eluru, pending disposal of the above Criminal Petition, and to pass Counsel for the Petitioner/accused(S): 1. VENKAT SAILENDRA G Counsel for the Respondent/complainant(S): 1. CHAKRALA SARAT CHAND 2. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: The instant Criminal Petition under Section 482 of Code of Criminal Procedure, 19731 has been filed by the Petitioners/A.1 & A.2, seeking quashment of the Order dated 16.05.2025 passed against them in Crl.M.P.No.1040 of 2024 in CC No.146 of 2018 on the file of the Court of I Additional Civil Judge (Junior Division)- cum-I Additional Judicial Magistrate of First class, Eluru. Respondent No.2/Complainant filed a private complaint against the Petitioners/A.1 and A.2 for the offence under Sections 138 and 142 of the Negotiable Instruments Act, which is the subject matter in CC No.146 of 2018. In the said CC, the Petitioners herein filed Crl.M.P.No.1040 of 2024, under Section 45 of the Indian Evidence Act to send Ex.X1 along with admitted signature of respondent No.2/Complainant to expert opinion. The said petition was dismissed vide Order dated 16.05.2025. Challenging the same, the present criminal petition has been filed. Heard Sri Venkat Sailendra G, learned counsel for the Petitioners, and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for respondent State and Sri Chakrala Sarat Chand, learned counsel for respondent No.2. Perused the material on record. Learned counsel for the Petitioners would submit that Petitioner No.1 is a company represented by its Managing Director, Petitioner No.2. The Respondent No.2 is the wife of the elder brother of Petitioner No.2. Further, after the death of the husband of respondent No.2, she entered into the business activities with 1 for short ‘Cr.P.C’ 3 Petitioners herein and thereafter, in the presence of elders, Petitioners and respondent No.2 settled all the disputes and reduced into writing which is marked as Ex.X1/settlement deed. Further, Petitioner No.2 filed the petition under Section 45 of the Indian Evidence Act, to send Ex.X1 for expert’s opinion and to prove the signature on Ex.X1 with that of the admitted signatures of respondent No.2. The Trial Court dismissed the said petition which is impugned in this criminal petition. Learned counsel would submit that Petitioners clearly mentioned the reasons that the subject cheques were given for security purpose. Further, Complainant was examined as P.W.1 and during cross-examination, she flatly denied about execution of Ex.X1. Further, on behalf of the Petitioners/A.1 and A.2, D.W.2 was examined, who categorically deposed about the said agreement. Learned Trial Judge dismissed the petition with a wrong notion that Petitioners are intentionally dragging on the matter. Learned counsel would finally submit that a fair opportunity may be given to the petitioners to prove their contentions before the Court below. At this juncture, learned counsel for respondent No.2 would submit that respondent No.2 is suffering from serious health issues and a direction may be given to the Trial Court to dispose of the matter expeditiously since the matter is of the year 2018. Considering the submissions and on perusal of the material on record, as rightly pointed out by learned counsel for the Petitioners, the Trial Court dismissed the petition with an observation that petitioners are dragging on the matter. The record would show that from the beginning, the petitioners are contending that there was a settlement between respondent No.2 and Petitioners/A.1 and A.2 regarding business affairs. The settlement deed was already marked before the Trial 4 Court as Ex.X1. No prejudice would be caused to respondent No.2/complainant if Ex.X1 is sent for expert’s opinion. At the same time, a fair opportunity is to be given to the parties to prove their contentions before the Trial Court. Therefore, the impugned order is liable to be set aside and accordingly, it is set aside. Since the case is of the year 2018, Learned Magistrate is directed to dispose of the matter as expeditiously as possible without granting adjournments in a casual way on mere asking after giving opportunities to the parties. Accordingly, the Criminal Petition is allowed. Pending miscellaneous petitions, if any, shall stand closed. DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No. 9744 of 2025 04.11.2025 Mjl/*