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2025 DAILYLAW 44393 (AP)

BOLLEPALLI PRASADA RAJU v. GUMMISETTI SUBBA LAKSHMI

CRLP/1490/2025 · 2025-03-27

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY JHE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 1490 OF 2025 BETWEEN: Bollepalli Prasada Raju, S/o Narasimha Raju, Chinthalapudi Village Chinthalupudi Mandal. ...PETITIONER/ACCUSED AND 1. Gummisetti Subba Lakshmi, W/o Seetharamaiah, N.T.R Colony, Chinthalupudi village Chinthalupudi Mandal 2. The State of Andhra Pradesh, Rep., by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. ...RESPONDENTS Petition under Section 528 of B.N.S.S. as per old (under Section 482 of Cr.P.C) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to call for record in connection with the STC No 65 of 2022 on the file of Junior Civil Courts, Chinthalapudi, West Godawari District, Under Section 138 of Nl Act and quash the same against the petitioner herein as it is illegal, arbitrary, unjustified and abuse of process of law. I.A. NO: 2 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 grant stay of all further proceedings against the petitioner herein including appearance in connect with STC No 65 of 2022 on the file of Junior Civil Court, Chinthalapudi, West Godawari District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BALA KRISHNA T, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.2. The Court made the following: APHC010069422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 1490/2025 Between: Bollepalli Prasada Raju ...PETITIONER/ACCUSED AND Gummisetti Subba Lakshmi and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.BALA KRISHNA T Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: 1. The learned counsel for the petitioner submits that the petitioner challenging the STC.No.65 of 2022 on the file of Junior Civil Judge- Cum-Judicial First Class Magistrate, Chintalapudi. The petitioner is arraigned as accused for the alleged offence under Section 138 Nl Act case. 2. The learned counsel for the petitioner submits that the subject cheque was never issued by the petitioner and that he is disputing the signature. It is also submitted by the learned counsel appearing for the petitioner that Union Bank of India has addressed a letter on 07.01.2023 informing ail concerned that the petitioner is an existing savings account holder and that he is not having any loans. The account also is not having any cheque book facility. It is submitted that the petitioner could not have issued any cheque at that time the / i petitioner is' not having cheque book facility to the petitioner’s account. It is also submitted by the learned counsel for the petitioner, the petitioner is also not endorsed his signature on cheque. It is also submitted that the signature on the promissory note is also disputed by the petitioner. This Court has issued notice to the 1®* respondent, notice is served; 3. however, there is no representation. 4. Considering the submissions of the learned counsel for the petitioner, the issue of determining whether the cheque was in existence or not or deciding whether the petitioner has executed the cheque and promissory note is a matter to be decided by the Trial Court after full-fledged trial and at this stage this Court is not going into the merits of the case. 5. Accordingly, the criminal petition is disposed off, leaving it open to the petitioner to take all these grounds before the trial Court. As a sequel, miscellaneous petitions pending, if any, shall stand closed. \ \ Sd/-PVINOD KUMAR ASSISTANT REGJSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Courts, (Junior Division), Chinthalapudi, West Godawari District. 2. One CC to SRI. BALA KRISHNA T Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three C.D Copies. SSL nm HIGH COURT DATED :28/03/2025 ORDER CRLP.NO.1490 OF 2025 ^ 21 AUG 2025 jg ntSectlfttX*^ o CRIMINAL PETITION IS DISPOSED OF.