Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4632 OF 2025 Between: Polu Venkatasubbaiah, S/o Polu vemaiah, R/o D.No.22-19-4, Ravindra Nagar, DBR Hospital Road to Renigunta Road, Tirupati, Tirupati District.
...PETITIONER/ RESPONDENT / ACCUSED AND
1. G.Sivaprasad Reddy, S/o G.Chengal Reddy, R/o D.No.6-188, Dhanalakshmi Nagar, Avilala, Tirupati, Tirupati District.
...RESPONDENT No.1/ PETITIONER / COMPLAINANT
2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, At High court of Andhra Pradesh.
...RESPONDENT No.2 Petition under Section 482 of Cr.P.C / section 528 of BNSS, aggrieved by the Order dated 27-02-2025 passed in CrI.M.P. No. 229 of 2025 in CC.No. 81 of 2022 on the file of the Hon’ble III Additional Judicial Magistrate of I Class, Tirupati.
I.A. No: 1 OF 2025 Petition under Section 528 of BNSS praying that in the ciroumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in CC.No.81 of 2022 on the file of the Hon’ble III Additional Judicial Magistrate of I Class, Tirupati pending disposal of the criminal petition
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V Nitesh, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent The Court made the following:
1 CRLP 4632_2025 APHC010207112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4632/2025 Between: ...PETITIONER/ACCUSED Polu Venkatasubbaiah, AND ...RESPONDENT/COMPLAINANT(S) G Sivaprasad Reddy and Others Counsel for the Petitioner/accused: 1.VNITESH Counsel for the Respondent/complainant(S): 1.V
2. PUBLIC PROSECUTOR The Court made the following:
2 CRLP 4632_2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4632 OF 2025
ORDER:
1. Heard the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State.
2. The petitioner is aggrieved by the
order,dt.27.02.2025, in Crl.M.P.No.229 of 2025 in C.C.No.81 of 2022, passed by the III Additional Judicial Magistrate of I Class, Tirupati.
3. The petitioner, being the accused, is facing trial for offences punishable under Sections 138 and 142 of the Negotiable Instruments Act. The 1®' respondent has filed Crl.M.P.No.229 of 2025, under Section 311 Cr.P.C., seeking recall P.W.1 for adducing further evidence with respect to the original promissory note dated
16.06.2020.
4. The learned counsel for the petitioner submits that the attempt of the 1®^ respondent to introduce new documentary evidence after the completion of the cross-examination of the complainant is a belated effort, intended solely to fill lacunae in the case of the complainant.
5. Upon perusal of the record, it is evident that the learned Magistrate has observed that the complainant had referred to the promissory note, dated 16.06.2020, in the complaint and had stated that the same would be produced during the trial. The learned Magistrate
3 CRLP_4632_2025 further recorded that the opportunity for further the petition. petitioner wouid also be cross-examination of witnesses and granted an allowed
6. This Court, upon careful consideration, finds that the learned Magistrate is well-reasoned and legally sound no interference.
order of the warranting
7. Hence, the criminal petition is dismissed.
8. Miscellaneous petitions, if stand closed. any, pending in this criminal petition shall Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The III Additional Judicial Magistrate of I Class, Tirupati, Chittoor District
2. One CC to Sri V.Nitesh, Advocate [OPUC]
3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT]
4. Three CD Copies. MV
HIGH COURT MV DATED: 29/04/2025 S 2025 ^ & Currenl Seciion ^ %ij>espATC'^^ mii to.
ORDER CRLP.No.4632 of 2025 \ DISMISSING THE CRIMINAL PETITION