IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 1248 OF 202^ Between: Sri Angati Ramu, S/o Jatlayya, Aged about 44 years, R/o Kalayans Patra Techno Polis, Block A, 4^^ Floor, Flat.No.403, Vemulavalasa, Beside Kamat Hotel, NH. Anandapuram, Visakhapatnam. ...PETITIONER/ACCUSED(S) AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High of Andhra Pradesh, Amaravathi, Guntur District, Andhra Pradesh. 2. Sri Jai Ganesh Prabhu, S/o Veerabhadaram, Aged about 39 years, R/o Dr. No. 50-121-60/3 Fiat. No. 104,1ST Floor, Rajachandra Enclave, Seethammadhara, Visakhapatnam. court ...DEFACTO-COMPLAINANT/RESPONDENT 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 Petition, the High Court may be pleased to quash the proceedings in C.C.No.20 of 2025 on the file of the VI Metropolitan Magistrate Raitways-CUM-VI Additional Junior Civil Judge at Visakhapatnam against the Petitioner/Accused No.1 under section 138 & 142 of Nl Act. for 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 be pleased may be pleased to stay all further proceedings in C.C.No.20 of 2025 on the file of the VI Metropolitan Magistrate for Railways-CUM-VI Additional Junior Civil Judge at Visakhapatrram against the Petitioner/Accused under section 138 & 142 of Nl Act, pending disposal of the petition including appearance of the petitioners. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K SRINIVAS, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: APHC010058102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 1248/2025 [3457] Between: Sri Angati Ramu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.KSRINIVAS Counsel for the Respondent/complainant{S): 1.KNPVAMSIKRISHNA 2. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT(S) THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 1248/2025 ORDER: 1. The learned counsel for the petitioner submits that the petitioner is challenging the cognizance has taken in CC.No.20 of 2025 on the file of VI Metropolitan Magistrate for Railways - Cum - VI Additional Junior Civil Judge at Visakhapatnam for the alleged offence under Section 138 of NI Act. 2. The learned counsel for the petitioner submits that as per the complaint, the respondents have submits that the cause of action arise on 05.12.2023 when the accused had issued a cheque and that the cheque was returned on 02.01.2024. The learned counsel for the petitioner submits that as per Section 142, 142(b) of Nl Act, the complaint should be filed within one month from the date of cause of action. It is submitted that the complaint was filed on 28.02.2024 and as seen from the pleadings in the complaint, the cause of action arose on 05.12.2023. The learned counsel for the petitioner submits that complaint was not filed within one month permissible time and hence it deserves to be quashed. 3. The learned counsel for the petitioner submits that the cheque was returned on 05.12.2023 and the same was dishonoured on 03.01.2024. A legal notice was issued on 22.01.2024 within the permitted time of 30 days from the date of dishonor of cheque, the legal notice was issued. irie legal nonce was served on the petitioner on 30.01.2024, it is submitted that the petitioner has also issued a reply to the legal notice. 4. The learned counsel for the 2'"'^ respondent submits that the cause of action for filing the complaint would be the day on which the mandatory statutory period of 15 days after receipt of the legal notice expires from the day, the cause of action arises, the complaint would have been filed within 30 days thereafter. In the present case, the cheque dishonoured on 03.01.2024. The legal notice was issued on 22.01.2024, the same was served on 31.01.2024. So admittedly for cause of action complaint arise on 15.02.2024 and the complaint ought to be filed within 15.03.2024. As seen from the documents available, the complaint is filed on 28.02.2024. 5. Considering the same, this Court is not inclined to interfere with the proceedings in CC. 20 of 2025 on the file of VI Metropolitan Magistrate Cum - VI Additional Junior Civil Judge at was for Railways Visakhapatnam. 6. Accordingly, Criminal petition is dismissed. As a sequel, miscellaneous petitions pending, if any, sh^stand closed. SdAM-SRINIVAS ASSISTANT REGISTRAR / //TRUE COPY// Ukr- SECTION OFFICER To, 1. The I Additional Chief Metropolitan Magistrate Court, Visakhapatnam. 2. The VI Metropolitan Magistrate for Railways-cum-VI Additional Junior Civil Judge at Visakhapatnam. 3. One CC to SRI. K SRINIVAS Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTO, High Court of AP [OUT] 5. Three CD Copies HIGH COURT DATED:28/03/2025 ORDER xii 21 AUG 2025 ^ CRLP.No.1248 of 2025 69. ”5^^ . Current Section . y- DISMISSING THE CRLP