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2025 DAILYLAW 44141 (AP)

POLU VENKATASUBBAIAH v. G. SIVAPRASAD REDDY

CRLP/4481/2025 · 2025-04-24

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

% IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4481 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.2/ 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 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to allow the Criminal Petition, by setting aside the Order dated 27-02-2025 passed in Crl.M.P.No.230 of 2025 in CC.No.81 of 2022 on the file of the III Additional Judicial Magistrate of I Class, Tirupati, Chittoor District. KA. NO: 1 OF 2025 Petition under Section 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 CC.No.81 of 2022 on the file of the 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 on behalf of the Respondent No.2 and none appeared for the Respondent No.1. The Court made the following: 1 CRLP 4481 2025 APHC010207102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY ,THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4481/2025 Between: Polu Venkatasubbaiah ...PETITIONER/ACCUSED AND G Sivaprasad Reddy and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.VNITESH Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court made the following: 2 Jt CRLP 4481 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4481 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.230 of 2025in 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.230 of 2025 under Section 254 Cr.P.C., seeking permission to introduce additional documentary evidence. The 1®* respondent seeks to place on record 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 prosecution. 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 trial. The learned Magistrate 'I 3 N CRLP 4481 2025 further recorded that the petitioner would also be granted an opportunity for further cross-examination of witnesses and atlowed the petition. 6. This Court, upon careful consideration, finds that the order of the learned Magistrate is well-reasoned and legally sound, warranting no interference. 7. Hence, the criminal petition is dismissed. 8. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTfON OFFICER To 1. The III Additional Judicial Magistrate of I Class, Tirupati, Chittoor District. 2. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 3. One CC to Sri V Nitesh, Advocate [OPUC] 4. Three CD Copies TK sree HIGH COURT DATED:25/04/2025 ORDER CRLP.No.4481 of 2025 * 12 MAY 2025 Si ^ . Current Section . ^ <9 DISMISSING THE CRIMINAL PETITION