IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 761 OF 2025 Between: S/o Venkateswararao, Aged about 40 years, Occ Sri Vemana Ashok Kumar, R/o D.No.1-10-4, Near Ramalayam, Sriram Nagar, Kakinada, Kakinada Advocate District. ...PETITIONER/ACCUSED(S) AND 1. The State of Andhra Pradesh, Represented by its Public Prosecutor High Court of Andhra Pradesh, Amaravathi. 2. Pandi Veerababu, S/o Surya Prakasarao, Aged about 45 years, Occ Business, R/o. Lamkpakalova Vilage, Prathipadu Mandal Kakinada District. ...RESPONDENTS Petition under Section 482 of Cr.P.C and Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal the High Court pleased to quash the Proceedings in CC.No.855 of 2021 Class, Kakinada for the Petition the file of II Additional Judicial Magistrate of 1 St on offences punishable under Sections 138,142 and143-A of Negotiable Instrument Act R/w Section 190 of Cr.P.C. I.A. NO: 1 OF 2025 Petition under Section 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 stay all further Proceedings including personal appearance of the Petitioner in CC.No.855 of 2021 on the file of II Additional Judicial Magistrate of 1st Class, Kakinada for the offences punishable under Sections 138,142 and143- '^feble Instrument Act R/w Section 190 of Cr.P.C. % OF 2025 ij: r Retition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court be pleased to vacate the order dated 28.01.2025 passed in CRLP.No.761 of 2025 and dismiss the quash petition filed by the Petitioner/Accu sed. may This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K B RAMANNA DORA, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: on IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRf JUSTICE HARINATH.N CRIMINAL PETITION NQ: 761/2n7f; APHC010036842025 [3457] Between: Vemana Ashok Kumar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. K B RAMANNA DORA Counsel for the Respondent/complainant(S): 1.K.P.S. SAILESH REDDY 2. PUBLIC PROSECUTOR The Court made the following: I 2 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION Nn.761 OF 7()9Fi ORDER: 1. The learned counsel for the petitioner submits that the petitioner is arraigned as accused in CC.No.855 of 2021. 2. It is submitted that a legal notice was issued beyond the period of limitation. It is submitted that the cheque was on 23.03.2021 and the legal notice dated was posted on 24.04.2021. as such the legal notice is beyond limitation as per Section 138 of Nl dishonoured 22.04.2021 and Act. 3. The learned counsel for the 2"^ respondent submits that legal notice would indicate that the dishonour was received by the 2'^'^ the date of notice of respondent on 30.03.2021 and the returned cheque was handed over to the petitioner on 21.03.2021. 4. Considering the submissions and as seen from the legal notice dated 22.04.2021 the date of information of dishonor of cheque was received by the 2^^^^ 30.03.2021. The legal notice dated 22.04.2021 posted to the petitioner on 24.04.2021 is valid. respondent on which was I . 3 1 5. Considering the submissions, this Court finds no technical lacuna in so far as filing of the complaint by the 2"^^ respondent under Section 138 of Nl Act. 6. Accordingly, the criminal petition is dismissed. As a sequel, pending miscellaneous petitions, if any, shall Sd/-M.SRINIVAS ASSISTANT REGISTRAR stand closed. //TRUE COPY// secTTon officer To, 1. The II Additional Judicial Magistrate of I Class, Kakinada, East Godavari District. 2. One CC to SRI. K B RAMANNA DORA, Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTO, High Court of AP [OUT] 4. Three CD Copies Pmg high court DATED:04/04/2025 ORDER CRLP.No.761 of 2025 ^roFA«e^ F 2 I AUG 2025 f ^ Current Section . dismissing the crlp