IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6338 OF 2023 Between: Peddu Bhavani, W/o. Balarama Krishnaiah, Hindu, Aged about 68 years, R/o. D.No. 39-8-41, Pydaiah Street, Labbipeta, Moghalrajpuram, Vijayawada and now R/o. D.No. 60-6-13/1, 1st floor, Siddhartha Nagar, 3rd Lane, Vijayawada, NTR (Old Krishna) District V ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep.by the Public Prosecutor, High Court of A.P., at Amaravathi. 2. Atiuri Prasad, S/o. Sesha Rao, Caste. Kamma, age 69 years, R/o. D.No.3-106/37, Yejjala Enclave Vuda, FlatNo. 505, Midilapuri, Vuda Colony, Madhurawada, Visakhapatnam. ...Respondents/Complainant 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 quash the proceedings in C.C.No. 609 of 2021, on the file of II Additional Junior Civil Judge at Bheemunipatnam, Visakhapatnam District. It ■ m■ LA. NO: 1 OF 2023 * 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 appearance, in C.C.No. 609 of 2021, on the file of II Additional Junior Civil Judge at Bheemunipatnam, Visakhapatnam District, pending disposal of main Criminal Petition. ■ /r This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri VV N Narasimham, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Mr. Javvaji Sarath Chandra Advocate for the Respondent No.2. The Court made the following APHC010427682023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6338/2023 Between: ...PETITIONER/ACCUSED Peddu Bhavani AND ...RESPONDENT/COMPLAINANT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.VVN NARASIMHAM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2.JAVVAJ1 SARATH CHANDRA The Court made the following Order: The petitioner has filed the present writ petition seeking quashing of C.C. No. 609 of 2021 on the file of the II Additional Junior Civil Judge, Bheemunipatnam, for the alleged offences under Sections 138 and 142 of the N1 Act. nd The learned counsel appearing for the petitioner submits that the 2 respondent has already filed O.S. No. 33 of 2021 on the file of the II Additional 2. V 2 District Judge, Vijayawada, seeking the relief of Specific Performance and an '‘■ alternate relief of refund of the amount of Rs.95,00,000/- together with interest. It is submitted that the 2^^ respondent cannot maintain the criminal case while pursuing the civil suit for Specific Performance with an alternate prayer fof refund of the cheque amount. On these grounds, the present quash petition is V .. 1 filed. 3. The learned counsel appearing for the 2"'^ respondent submits that the 2 respondent has filed C.C. No. 609 of 2021 for punishing the petitioner for the offence under Section 138 of the Nl Act, and the civil suit is filed invoking thd civil jurisdiction for seeking the relief of Specific Performance or alternate relief of the refund of the cheque amount. It is submitted that the 2""* respondent can maintain a civil suit and also file a criminal case against the petitioner for invoking the remedies as available under law under the Civil Procedure Code as nd well as Section 138 of the Nl Act. It is also submitted that nothing forbids the petitioner from pursuing the civil remedy and the criminal remedy simultaneously. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. Considering the submissions, nothing forbids the 2'^'^ respondent from filing a case under Section 138 of the Nl Act for punishing the accused for the offence of dishonour of cheque under the said provision. The 2*^^ respondent is also legally permitted to invoke the remedy available under the Civil Procedure Code for recovery of the amount or, depending on the facts and circumstances 4. 5. 6. 3 of the case, for any other relief to which the 2'^^ respondent is entitled under the Civil Procedure Code. In the present case, the 2"^^ respondent has filed a suit for Specific Performance of an agreement of sale, and in pursuance of the said agreement, the 2"'^ respondent has paid an amount of Rs.95,00,000/- to the petitioner. Due to non-compliance of the part of the agreement on behalf of the petitioner, the 2'^^ respondent has filed the suit for Specific Performance of the agreement of sale and also sought alternate relief for recovery of money. The present C.C. No. 609 of 2021 is filed seeking the relief of punishment 7. of the petitioner for the offence under Section 138 of the Nl Act. Considering the same, this Court is of the considered view that nothing in law forbids the 2^'^ respondent from pursuing the criminal case as well as the 8. civil case, and this Court is not inclined to interfere. Accordingly, this Criminal Petition is dismissed. 9. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The II Additional District Judge: Vijayawada, Krishna District. 2. The II Additional Civil Judge (Junior Division): Bheemunipatnam, Visakhapatnam District. 3. One CC to Sri V. V. N. Narasimham Advocate [OPUC] 4. One CC to Mr. Javvaji Sarath Chandra Advocate [OPUC] 5. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 6. Three CD Copies SAM Cnr HIGH COURT DATED:23/04/2025 ORDER CRLP.No.6338 of 2023 DISMISSING THE CRLP