IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE 4^' M.o p*! rr.' PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NOS: 1603. 1605. 1606, 1fin« OF,2023 AND 5565. 5875. 5879. 5887. 5888. 5889. 5890 1609. 1611 AND 1fi12 5892. 5893. 5894. 5895, 5896, 5897, 6329, 6331. 6333. 6486. 6502 & 7255 OF 2022 CRIMINAL PETITION NO: 1603 OF 2023 APHC010101722023 T. Between: 1. Nagireddy Keshava Reddy, S/o. Nagireddy Subba Reddy, Aged 56 years, Keshava Reddy Group of Schools Balaji Complex, Nandyal, Nandyal District. 2. Kesava Reddy Public School, (E.M), NGO's Colony, Nandyal, Rep by its Correspondent Nagireddy Kesava Reddy S/o.Subba Reddy Colony, Nandyal, Nandyal District. about H.N0.2-428-53-A3, 1, NGO's ...Petitioners/Accused No.1 & 2 AND 1. Yeraiahgari Venkateswara Reddy, S/o.Maheswara Reddy, R/o. Chennampalli Village, Owk Mandal, Kurnool District. ...Respondent/Complainant 2.. The State of Andhra Pradesh, Rep.by its Public Prosecutor indhra Pradesh, At Amaravathi. High Court f O' : #- j,*. ...Respondent 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.693/2015 on the file of the Judicial Magistrate of First Class, Nandyal, Kurnool District. lA NO: 2 OF Petition under Section 482 of Cr.P.C praying that in the circumstances the High Court appearance on the file of the Judicial Magistrate of First Class, Nandyal, Kurnool District, pending disposal of the above CrI.P. stated in the Memorandum of Grounds of Criminal Petition may be pleased to grant stay of all further proceedings including of the Petitioners in C.C.No. 693/2015 Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: None Appeared Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 1605 OF 2023 APHC010101802023 I Between: 1. Nagireddy Keshava Reddy, S/o. Nagireddy Subba Reddy 56 years, Keshava Reddy Group of Schools Balaji Complex, Nandyal, Nandyal District. Aged about H.N0.2-428-53-A3, 1, 2. Kesava Reddy Pubiic School (E.M), NGO's Colony, Nandyal, Rep by its Correspondent Nagireddy Kesava Reddy, S/o.Subba Reddy Colony, Nandyal, Nandyal District. (Wrongly Mentioned in CC , NGO's Kesava Reddy Concept School) as ...Petitioners/Accused No.1 & 2 AND 1. Vuluvapalli Pedda Konda Reddy, S/o.Tirupam. Reddy, R/o.Flat No.306, Bramha Towers, Nandyal, Kurnool District. ...Respondent/Complainant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court ofAndhra Pradesh, At Amaravathi. ...Respondent 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.691/2015 on the file of the Judicial Magistrate of First Class, Nandyal, Kurnool District lA NO: 2 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 grant stay of all further proceedings including appearance of the Petitioners in C.C.No.691/2015 on the file of the Judicial Magistrate of First Class, Nandyal, Kurnool District. Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: None Appeared Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 1606 OF 2023 APHC010101682023 ■J. s Between: 1. Nagireddy Keshava Reddy, S/o, Nagireddy Subba 56 years, Keshava Reddy Group of Schools Balaji Complex, Nandyal, Nandyal District. 2. Kesava Reddy Public School (E.M), NGO's Colony, Nandyal, Rep by its Correspondent Nagireddy Kesava Reddy, S/o.Subba Reddy, NGO's Colony, Nandyal, Nandyal District. Reddy, Aged about H.N0.2-428-53-A3, 1, ...Petitioners/Accused No.1 & 2 AND 1. Bobbala Nageswara Reddy, S/o.Nagi Reddy Panyam Mandal, Kurnool District. R/o.Gonavaram Village ...Respondent/Claimant 2. The State ofAndhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravathi. ...Respondent praying that in the circumstances Criminal Petition, the High Court may be pleased to quash the proceedings in C.C.No.690/2015 on the file of the Judicial Magistrate of First Class, Nandyal lA NO: 2 OF 20?.? Petition under Section 482 of Cr.P.C, stated in the Memorandum of Grounds of Kurnool District. Petition under Section 482 of Cr.P.C stated in the Memorandum of Grounds praying that in the circumstances of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including appearance of the Petitioners in C.C.No.690/2015 on the file of the Judicial Magistrate of First Class, Nandyal, Kurnool District, pending disposal of the above CrI.P. Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: None Appeared Counsel for the Respondent No.2; Public Prosecutor CRIMINAL PETITION NO: 1608 OF 202.-^ APHC010101672023 Between: 1. Nagireddy Keshava Reddy, S/o. Nagireddy Subba Reddy, Aged 56 years, Keshava Reddy Group of Schools, Balaji Complex, Nandyal, Nandyal District. 2. Kesava Reddy Public School (E.M), NGO's Colony, Nandyal, Its Correspondent Nagireddy Kesava Reddy, S/o.Subba Reddy Colony, Nandyal, Nandyal District, (wrongly mentioned as CC Keshava Reddy Concept School) ...Petitioners/Accused No.1 & 2 about H.N0.2-428-53-A3, 1, Rep by NGO's AND 1. Bekkam Rama Krishna Reddy, S/o.B.E.Padigala Reddy, Village, Gospadu Mandal, Kurnool District. R/o.Yalluru ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor, of Andhra Pradesh, At Amaravathi High Court ...Respondent Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminai Petition, may be pleased to quash the proceedings in C.C.No. 692/2015 on the file of the Judicial Magistrate of First Class, Nandyal, Kurnool District. lA NO: 2 OF 2023 the High Court Petition under Section 482 of Cr.P.C stated in the Memorandum of Grounds of Criminal praying that in the circumstances Petition, the High Court may be pleased to grant stay of all further proceedings including appearance of the Petitioners in C.C.No.692/2015 on the file of the Judicial First Class, Nandyal, Kurnool District, Magistrate of pending disposal of the above CrI.P. Counsel for the Petitioners: Sri P Nagendra Counsel for the Respondent No.1: Reddy None Appeared Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 1609 OF 2023 APHC010102322023 Between: 1. M/s.Kesava Reddy Public School, Rep by its Correspondent Namely Nagireddy Keshava Reddy @ Kesal Reddy, Aged about 56 years, # Kesava Reddy Educational Institutes, Somulavaripalli Village, YSR Kadapa District. 56 years, M/s.Kesava Reddy , Bachupalli, Hyderabad City, Yerraguntia Road, Proddatur Mandal 2. Nagireddy Kesava Reddy, Aged about Educational Hub, Bachupalli Main Road Telangana State. ...Petitioners/Accused No.1 & 2 AND 1. Chowdam Nagaraju, S/o.C.P.Obulesu, Business, R/o.D.No.3/1458 District. Aged about 50 Holmespet, Proddatur, YSR years, Occ: Kadapa ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court Of Andhra Pradesh, At Amaravathi ...Respondent Petition under Section 482 of Cr.P.C. stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C.No.196/2017 the Additional Judicial First Class Magistrate at Proddatur. lA NO: 2 OF 20?.-^ praying that in the circumstances on the file of Petition under Section 482 of Cr.P.C stated in the Memorandum of Grounds may be pleased to grant stay of all further of the petitioners in C.C.No. 196/2017 Class Magistrate at Proddatur. Counsel for the Petitioners: Sri P Nagendra Counsel for the Respondent No.1: Sri V Nitesh Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 1611 OF 2Q2r{ APHC010102332023 praying that in the circumstances of Criminal Petition, the High Court proceedings including appearance on the file of the Additional Judicial First Reddy Between: 1. M/s. Kesava Reddy Public School, Rep by its Correspondent Namely Nagireddy Keshava Reddy @ Kesal Reddy, Aged about 56 Kesava Reddy Educational Institutes, Somulavaripalli Village, Yerraguntia Road, Proddatur Mandal, YSR Kadapa District. 2. Nagireddy Kesava Reddy, Aged about 56 years. M/s.Kesava Reddy Educational Hub, Bachupalli Main Road, Bachupalli, Hyderabad City, Telangana State. years ...Petitioners/Accused No.1 & 2 AND 1. Badiginchala Krishna Mohan, S/o.Naga Munaiah, Aged about 45 Occ: Business, R/o.D.No.7/236, Holmespet, Proddatur-516 360 Kadapa District, Andhra Pradesh State. years, YSR ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor, of Andhra Pradesh, AtAmaravathi High Court ...Respondent 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. 193/2017 on the file of the Additional Judicial First Class Magistrate at Proddatur. lA NO: 2 OF 207^ Petition under Section 482 of Cr.P.C and 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 including appearance of the Petitioners in C.C.No.193/2017 on the file of the Additional Judicial First Class Magistrate at Proddatur pending disposal of the above CrI.P. Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: Sri Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 1612 OF 2Q2n APHC010102282023 V Nitesh m Between: 1. M/s. Kesava Educational Society, Rep by its President namely Yastiodha, R/o.H.No.2/428-53-A3, Balaji Complex, Nandyal Town Mandal, Nandyal District Presently at Kesava Reddy School Somulavaripalli Village, Yerraguntia Road, Proddatur Kadapa District. and Mandal, YSR 2. M/s.Kesava Educational Society Rep by its Chairman and Correspondent Nagireddy Kesava Reddy S/o.Subba Reddy, Kesava Reddy Educational Institute, R/o.H.No.2/428-53-A3 Balaji Complex, Nandyal Town and Mandal, Nandyal District Presently at Kesava Reddy School, Somulavaripalli Village, Yerraguntia Road, Proddatur YSR Kadapa District. Mandal, 3. N.Yashodha, W/o.Bharath Reddy, Aged about 31 M/s.Kesava Reddy Educational Socieity, R/o.H.No.2/428-53-A3, Balaji Complex, Nandyal Town and Mandal, Nandyal District Presently at Kesava Reddy School, Somulavaripalli Village, Yerraguntia Proddatur Mandal, YSR Kadapa District. 4. Nagireddy Kesava Reddy @ Kesal Reddy, S/o.Subba years. President of Road, Reddy, Aged of Kesava Reddy Balaji Complex, Nandyal about 56 years. Chairman and Correspondent Educational Institutes, D.No..2/428-53-A3-1 Town and Mandal, Nandyal District. 5. N.Bharath Reddy, S/o.Kesava Reddy, Aged President of M/s.Kesava Educational Society Complex, Nandyal Town and Mandal, Kesava Reddy School, Somulavaripalli Proddatur Mandal, YSR Kadapa District. 6. N.Siva Bharathi, W/o.Kesava Reddy @ Kesal about 35 years. Vice H.N0.2/428-53-A3, Balaji Nandyal District Presently at Village, Yerraguntia Road, Reddy, Aged about 52 years, Treasuer of M/s,Kesava Residential School, Panyam Village and Mandal, Kurnool District Presently Somulavaripalli Village, Yerraguntia at Kesava Reddy School, Road, Proddatur Mandal, YSR Kadapa District. 7. I.Madhavi Latha, W/o.B.V.S.Sarma, Aged about 50 years. Member of R/O.H.N0.2/428-53-A, Balaji Nandyal District. Presently at Kesava School, Somulavaripalli Village, Yerraguntia Road, YSR Kadapa District. M/s.Keshava Reddy Educational Society Complex, Nandyal, Reddy Proddatur Mandal, ...Petitioners/Accused No.1 to 5, 6 & 9 AND 1. Burra Venkata Subbaiah, S/o.late Balanna, Aged about 46 years, Occ: Business and Seasonal Business, R/o.Meenapuram Village YSR Kadapa District. , Proddatur, ...Respondent/Claimant 2. The State ofAndhra Pradesh, Rep.by its Public Prosecutor, High Court Of Andhra Pradesh, At Amaravathi. ...Respondent Petition under Section 482 of Cr.P.C. stated in the Memorandum of Grounds of Criminal may be pleased to quash the proceedings in C.C.No.80/2015 on the file of the Additional Judicial First Class Magistrate at Proddatur. praying that in the circumstances Petition, the High Court lA NO: 2 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 grant stay of all further proceedings including appearance of the Petitioners in C.C.No.80/2015 on the file of the Additional Judicial First Class Magistrate at Proddatur, pending disposal of the above CrI.P. Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: Sri V Nitesh Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 5565 OF 2022 APHC010370792022 B Between: Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged about 56 years, Occ; Secretary/Correspondent of Sri Surya Educational Society, R/o. Purvapu Sugumanchupalli, Devagudi, Kadapa District. ...Petitioner/Accused AND 1. Gondu Janardhana Rao, S/o.Rama Jogi, Aged about 46 R/o.H.No.2-28, Ampolu Village, Gara Mandal, Srikakulam District. years. ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravathi. ...Respondent Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition may be pleased to quash the proceedings in C.C.No.239/2016 on the file of the Judicial First Class Magistrate, Srikakulam. lA NO: 1 OF 2099 the High Court Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, may be pleased to grant stay of all further proceedings including of the Petitioner in C.C.No.239/2016 the High Court appearance on the file of the Judicial First Class Magistrate, Srikakulam, pending disposal of the above CrI.P. Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: None Appeared Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO- fiS75 OF 2099 APHC010391202022 Between: Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged Occ: Secretary/Correspondent of Sri Surya Educational Purvapu Sugumanchupalli, Devagudi, Kadapa District. about 56 years. Society, R/o. ...Petitioner/Accused AND 1. Batna Vengala Rao, S/o.Late Dalayya R/o.H.No.25-04,Kotturu Village,Gara Aged about 44 Mandal, Srikakulam District. years ■Respondent/Claimant 2. The State of Andhra Pradesh, r of Andhra Pradesh. At Amaravathi. Rep.by its Public Prosecutor High Court -Respondent Petition under Section 482 stated in the Memorandum of Cr.P.C. praying that in the circumstances of Grounds of Criminal Petition may be Pleased ,o gran, stay of a„ further proceedings including Of the petitioner in C.C.No.243/2016 Magistrate. Srikakulam the High Court appearance on the file of the Judicial First Class Pending Disposal of the above CrI.P. jA NO: 1 OF 9n9o Petition under Section 482 stated in the Memorandum of Cr.P.C. praying that in the circumstances of Grounds of Criminal Petition the High Court appearance Class may be pleased to grant stay of all of the Petitioner in C.C.No.243/2016 Magistrate, Srikakulam, further proceedings including ' on the file of the Judicial First pending disposal of the above CrI.P Counsel for the Petitioners: Sri P Nagendra Reddy No-1: Sri D Satya Siva Darshan ^0-2. Public Prosecutor 5879 OF ?n99 Counsel for the Respondent Counsel for the Respondent CRIMINAL PFTITIOM Mn- APHC010391872022 Between: Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged about 56 Occ. Secretary/Correspondent of Sri Surya Educational Society, R/o, Purvapu Sugumanchupalli, Devagudi, Kadapa District. years. ...Petitioner/Accused AND 1. Gondu Janardhana Rao, S/o.Rama Jogi, Aged R/o.D.No.2-28, Ampolu Village, Gara Mandal, Srikakulam about 52 years. District. ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor, of Andhra Pradesh, At Amaravathi. High Court ...Respondent 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.246/2016 on the file of the Judicial First Class Magistrate, Srikakulam. lA NO: 1 OF 7099 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, may be pleased to grant slay of all further proceedings including of the Petitioner in C.C.No.246/2016 the High Court appearance on the file of the Judicial First Class Magistrate, Srikakulam. Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: Sri D Satya Siva Darshan Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 5887 OF 2022 APHC010391982022 KB Between: Nagireddy Keshava Reddy. S/o. Subba Reddy. Aged about 56 years Occ. Secretary/Correspondent of Sri Surya Educational Purvapu Sugumanchupalli. Devagudi. Kadapa District Society. R/o, ...Petitioner/Accused AND 1. Kelavalasa Thirupathi Rao, S/o.Nageswara Rao, Aged about 42 years, R/0.H.N0.I8-6-I8/A, Gujarathipeta, Hythanagaram, Srikakulam Town, Srikakulam District. ...Respondent/Claimant 2. The State of Andhra Pradesh. Rep.by its Public Prosecutor, of Andhra Pradesh. At Amaravathi. High Court ...Respondent Petition under Section 482 of Cr.P.C. stated in the Memorandum of Grounds of Criminal Petition, may be pleased to quash the proceedings in C.C.No.249/2016 on the file of the Judicial First Class Magistrate. Srikakulam. iA_NOM_OF^022 praying that in the circumstances the High Court Petition under Section 482 of Cr.P.C stated in the Memorandum of Grounds of Criminal may be pleased to grant stay of all further praying that in the circumstances Petition, the High Court proceedings including appearance of the Petitioner in C.C.No.249/2016 on the file of the Judicial First Class Magistrate, Srikakulam, pending disposal of the above CrI.P. Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: Sri D Satya Siva Darshan Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO; 5888 OF 2027 APHC010391482022 B Between: Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged about Proprietor of Keshava Reddy Residential School Mandal, Allagadda District. 56 years. Panyam Village and ...Petitioner/Accused AND 1. V Bommireddy, S/o.Nagi Reddy, Aged about 53 R/o.NallagatIa Village, Allagadda Mandal, Nandyal District. years, Occ; Agriculture, ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor, of Andhra Pradesh, At Amaravathi. High Court ...Respondent praying that in the circumstances the High Court may be pleased to quash the proceedings in C.C.No.234/2016 on the file of the Judicial First Class Magistrate, Allagadda. Petition under Section 482 of Cr.P.C. stated in the Memorandum of Grounds of Criminal Petition lA NO: 1 OF 2027 Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition may be pleased to grant stay of all further proceedings including of the Petitioner in C.C.No.234/2016 on the file of the Judicial First Class Magistrate, Allagadda, pending disposal of the above CrI.P, Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: Sri J Janaki Rami Reddy Counsel for the Respondent No.2: Public Prosecutor C^RIMINAL PETITION NO: 5889 OF 2022 the High Court appearance APHC010391942022 Between: Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged about 56 Occ: Secretary/Correspondent of Sri Surya Educational Society, R/o. Purvapu Sugumanchupalli, Devagudi, Kadapa District. years. ...Petitioner/Accused AND 1. Rambhukta Appa Rao, S/o, Late Surayanarayana, Aged about years, R/o.H.No.11-3-170/1, Town, Srikakulam District. 44 Chinnabaratham Veedhi, Srikakulam ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravathi. ...Respondent Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition may be pleased to quash the proceedings in C.C.No.245/2016 on the file of the Judicial First Class Magistrate, Srikakulam. lA NO: 1 OF 2022 the High Court Petition under Section 482 of Cr.P.C. stated in the Memorandum of Grounds of Criminal Petition may be pleased to grant stay of all further proceedings including of the Petitioner in C.C.No.245/2016 on the file of the Judicial First Class Magistrate, Srikakulam, pending disposal of the above CrI.P. Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: Sri D Satya Siva Darshan Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 5890 OF 2022 praying that in the circumstances the High Court appearance APHC010391902022 Between: Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged about 56 Occ. Secretary/Correspondent of Sri Surya Educational Society, R/o. Purvapu Sugumanchupalli, Devagudi, Kadapa District. years. ...Petitioner/Accused AND 1. Pagoti Gopala Rao, S/o.Narayana, Aged about 6-18/4, Bompadu Street, Arasavelli District. 42 years, R/o.H.No.15- Srikakulam Town, Srikakulam ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public ofAndhra Pradesh, At Amaravathi. Prosecutor, High Court ...Respondent Petition under Section 482 of Cr.P.C., praying that in the circumstances Stated in the Memorandum of Grounds of Criminal may be pleased to quash the proceedings in C.C.No.242/2016 on the file of the Judicial First Class Magistrate, Srikakulam. lA NO: 1 OF 2022 Petition, the High Court Petition under Section 482 of Cr.P.C. stated in the Memorandum of Grounds of Criminal praying that in the circumstances Petition, the High Court appearance on the file of the Judicial First Class CrI.P. may be pleased to grant stay of all further proceedings including of the Petitioner in C.C.No.242/2016 Magistrate, Srikakulam, pending disposal of the above Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1; Sri D Satya Siva Darshan Counsei for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 5892 OF APHC010391802022 Between: Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged about 56 Occ. Secretary/Correspondent of Sri Surya Educational Society, R/o. Purvapu Sugumanchupalli, Devagudi, Kadapa District. years ...Petitioner/Accused AND 1. Pagoti Gopala Rao, S/o.Narayana, Aged about 42 years, R/o.H.No.15 6-18/4,Bompadu Street, Arasavelli District. Srikakulam Town, Srikakulam ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor of Andhra Pradesh, At Amaravathi. High Court ...Respondent 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.240/2016 on the file of the Judicial First Class Magistrate, Srikakulam. lA NO: 1 OF 2099 Petition under Section 482 of Cr.P.C stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including of the Petitioner in CC.No. 240/2016 on the file of the Judicial First Class Magistrate, Srikakulam. Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: Sri D Satya Siva Darshan Counsel for the Respondent No.2: Public Prosecutor praying that in the circumstances appearance CRIMINAL PETITION NO: 5893 OF 9n90 APHC010391402022 Between: Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged . Occ: Secretary/ Correspondent of Sri Surya Educational Purvapu Sugumanchupalli, Devagudi, Kadapa District. about 56 years. Society, R/o. ...Petitioner/Accused AND 1. Smt Nallabariki Satyavathi, W/o.Ramesh Babu R/o.H.No. 15-6-18/6, Bompada Veedhi, Arasavelli, Srikakulam District. Aged about 36 years, Srikakulam Town, ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor of Andhra Pradesh, At Amaravathi. High Court ...Respondent Petition under Section 482 of Cr.P.C. stated in the Memorandum of Grounds of Criminal praying that in the circumstances Petition, the High Court proceedings including appearance on the file of the Judicial First Class may be pleased to grant stay of all further of the Petitioner in C.C.No.241/2016 Magistrate, Srikakulam. lA NO: 1 OF 9097 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 including appearance of the petitioner in C.C.No. 241/2016 on the file of the Judicial First Class Magistrate, Srikakuklam. Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: Sri D Satya Siva Darshan Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 5894 OF 2022 APHC010391832022 r Between: Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged about Proprietor of Keshava Reddy Residential School, Panyam Village and Mandal, Allagadda District. 56 years. ...Petitioner/Accused AND 1. V Vijaya Chandra Reddy, S/o. Rama Subba Reddy, Occ: Agriculture, R/o.NallagatIa Village, Allagadda Mandal, Nandyal District. ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor, of Andhra Pradesh, At Amaravathi, High Court ...Respondent Petition under Section 482 of Cr.P.C stated in the Memorandum of Grounds of Criminal Petition praying that in the circumstances the High Court may be pleased to quash the proceedings in C.C.No.192/2016 the Judicial First Class Magistrate, Allagadda. lA NO: 1 OF 2099 Petition under Section 482 of Cr.P.C stated in the Memorandum of Grounds of Criminal may be pleased to grant stay of all further of the Petitioner in C.C.No. 192/2016 Magistrate, Allagadda, pending disposal of the above Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: Sri J Janaki Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 5895 OF 2022 on the file of praying that in the circumstances Petition, the High Court proceedings including appearance on the file of the Judicial First Class CrI.P. Rami Reddy APHC010391382022 0^ Between: Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged Proprietor of Keshava Reddy Residential School Mandal, Allagadda District. about 56 years. Panyam Village and ...Petitioner/Accused AND 1. V Nagendranath Reddy, S/o.Rama Subba Reddy, Aged about 35 years, Occ; Cultivation, R/o.NallagatIa Village, Allagadda District. Mandal, Kurnool ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravathi. ...Respondent 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.237/2016 on the file of the Judicial First Class Magistrate, Allagadda. lA NO: 1 OF 2099 Petition under Section 482 of Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, may be pleased to grant stay of all further proceedings including of the Petitioner in C.C.No.237/2016 on the file of the Judicial First Class Magistrate, Allagadda, pending disposal of the above CrI.P. the High Court appearance Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: None Appeared Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO; 5896 OF 202? APHC010391322022 QMS >r Between: Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged about 56 Occ. Secretary/Correspondent of Sri Surya Educational Society Purvapu Sugumanchupalli, Devagudi, Kadapa District. years, R/o. ...Petitioner/Accused AND 1. Matta Rama Krishna, S/o.Satyanarayana, Aged about 42 R/o.H.No.1-6-26/9B, Lakshmi Nivas Srikakulam District. years RK Nagar, Srikakulam Town ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor, of Andhra Pradesh, At Amaravathi. High Court ...Respondent Petition under Section 482 of Cr.P.C. praying that in the circumstances the High Court on the file of stated in the Memorandum of Grounds of Criminal Petition may be pleased to quash the proceedings in C.C.No.248/2016 the Judicial First Class Magistrate, Srikakulam. lA NO: 1 OF 2099 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminai Petition the High Court appearance on the file of the Judicial First Class may be pleased to grant stay of all further proceedings including of the Petitioner in C.C.No.248/2016 Magistrate, Srikakulam. Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: Sri D Satya Siva Darshan Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 5897 OF 2022 APHC010391442022 050 0 Between: Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged about 56 Proprietor of Keshava Reddy Residential School Mandal, Allagadda District. years. Panyam Village and ...Petitioner/Accused AND 1. V Nagendranath Reddy, S/o.Rama Subba Reddy, Aged about Occ: Cultivation, R/o.NaiiagatIa Village, Allagadda District. 35 years, Mandal, Kurnool ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor of Andhra Pradesh, At Amaravathi. High Court ...Respondent Petition under Section 482 of Cr.P.C and 528 of BNSS circumstances stated in the Memorandum of Grounds of Criminal High Court may be pleased to quash the proceedings the file of the Judicial First Class Magistrate, Allagadda. Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: Sri J Janaki Rami Counsel for the Respondent No.2: Public Prosecutor praying that in the Petition, the in C.C.No.237/2016 on Reddy CRIMINAL PETITION NO: 6329 OF 9n?9 APHC010420992022 Between: Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged about 56 Occ. Secretary/Correspondent of Sri Surya Educational Society Purvapu Sugumanchupalli, Devagudi, Kadapa District. years R/o. ...Petitioner/Accused AND 1. Telugu Someswara Rao, S/o. Adinarayana, Aged Bompadu Street about 42 years Arasavelli, Srikakulam R/o.D.No. 15-6-18/3, Srikakulam District. ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor, of Andhra Pradesh, At Amaravathi. High Court ...Respondent Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, may be pleased to quash the proceedings in C.C.No.250/2016 on the file of the Judicial First Class Magistrate, Srikakulam. lA NO: 2 OF 2027 Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, may be pleased to grant stay of all further proceedings including the High Court the High Court appearance of the Petitioner in C.C.No.250/2016 on the file of the Judicial First Class Magistrate, Srikakulam, pending disposal of the above CrI.P. Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: Sri D Satya Siva Darshan Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 6331 OF 2022 APHC010420742022 Hi Between: Nagireddy Keshava Reddy, S/o Subba Reddy, Aged about 56 years, Occ. Secretary/Correspondent of Sri Surya Educational Purvapu Sugumanchl. palli, Devagudi, Kadapa District. Society, R/ o. ...Petitioner/Accused AND 1. Gondu Janardhana Rao, S/o. Rama Jogi, Aged about 46 o.D.No.2-28, Ampolu Village, Gara Mandal, Srikakulam District. ...Respondent/Claimant High Court years. 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor, of Andhra Pradesh, At Amaravathi. ...Respondent Petition under Section 482 of Cr.P.C. stated in the Memorandum of Grounds of Criminal may be pleased to quash the proceedings in C.C.No.339/2016 the Judicial First Class Magistrate, Srikakulam. praying that in the circumstances Petition, the High Court on the file of lA NO: 2 OF 20?? Petition under Section 482 of Cr.P.C., stated in the Memorandum of Grounds of Criminal praying that in the circumstances Petition, the High Court proceedings including appearance on the file of the Judicial First Class Magistrate, Srikakulam, pending disposal of the above CrI.P. may be pleased to grant stay of all further of the Petitioner in C.C.No.339/2016 Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: Sri D Satya Siva Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 6333 OF 2027 Darshan APHC010420852022 Between: Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged about 56 years, Occ: Secretary/ Correspondent of Sri Surya Educational Purvapu Sugumanchupalli, Devagudi, Kadapa District. Society, R/o. ...Petitioner/Accused AND 1. Chakka Satyanarayana, S/o.Kistamma D.No.1-6-27, Bhubammanagar, Balagamettu District. Aged about 34 years, R/o. Srikakulam, Srikakulam ...Respondent/Claimant 2. The State of Andhra Pradesh, Rep.by its Public Prosecutor of Andhra Pradesh, At Amaravathi. High Court ...Respondent praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, may be pleased to quash the proceedings in C.C.No.337/2016 the Judicial First Class Magistrate, Srikakulam. !A NOi2^2022 Petition under Section 482 of Cr.P.C. the High Court on the file of 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 proceedings including appearance may be pleased to grant stay of all further of the Petitioner in C.C.No.337/2016 on the file of the Judicial First Class Magistrate, Srikakulam, pending disposal of the above CrI.P. Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: Sri D Satya Siva Darshan Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 6486 OF 2022 APHC010433252022 w Between: Nagireddy Keshava Reddy, S/o. Nagireddy Subba Reddy 56 years, Keshava Reddy Aged about Public School Educational Society, D.N0.12/428-53-A31, Balaji Complex, Nandyal, Nandyal District. ...Petitioner/Accused AND 1. Mallella Lakshmi Kanthamma, W/o.M.V.Ramana Reddy, Aged about 55 years, Occ: House Wife, R/o.H.No.3/75, Rayavaram, Lingapuram Village, Kothapalli Gram Panchayat, Proddutur Mandal, YSR Kadapa District. ...Respondent/Claimant 2. The State of Andhra Pradesh, T of Andhra Pradesh, At Amaravathi. Rep.by its Public Prosecutor, High Court ...Respondent Petition under Section 482 of Cr.P.C., stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C.No.244/2017 the I Additional Judicial Magistrate of First Class LA NO: 2 OF 2079 praying that in the circumstances on the file of , Proddutur. Petition under Section 482 of Cr.P.C. praying that in the circumstances of Criminal Petition, the High Court proceedings including appearance on the file of the I Additional Judicial pending disposal of the above CrI.P. stated in the Memorandum of Grounds may be pleased to grant stay of all further of the Petitioner in C.C.No.244/2017 Magistrate of First Class, Proddutur Counsel for the Petitioners: Counsel for the Respondent No.1: Counsel for the Respondent No.2: CRIMINAL PETITION NO: qf 2022 APHC010433222022 Sri P Nagendra Reddy None Appeared Public Prosecutor 0^0 Between: Nagireddy Keshava Reddy, S/o. Subba Reddy, Aged about 56 years, Occ: Secretary/Correspondent of Sri Surya Educational Society, R/o. Purvapu Sugumanchupalli, Devagudi, Kadapa District. ...Petitioner/Accused AND 1. Telugu Ramesh, S/o.Rama Mohan, R/o.D.No. 15-6-18/2, Bompada Street, Near Rama Mandiram, Arasavelli, Srikakulam, Srikakulam District. ...Respondent/Claimant 2. The State ofAndhra Pradesh, Rep.by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravathi. ...Respondent 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.36/2015 on the file of the Judicial First Class Magistrate, Srikakulam. lA NO: 2 OF 2022 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 including of the Petitioner in C.C.No.36/2016 on the file of the Judicial First Class Magistrate, Srikakulam, pending disposal of the above CrI.P. Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: None Appeared appearance Counsel for the Respondent No.2: Public Prosecutor CRIMINAL PETITION NO: 7255 OF 2022 APHC010484102022 .■V ij* Between: Nagireddy Keshava Reddy, S/o. Nagireddy Subba Reddy, Aged about 56 years. Keshava Reddy Public School Educational Society, D.N0.12/428-53-A31, Balaji Complex, Nandyal, Nandyal District. ...Petitioner/Accused AND 1. Boggarapu Manohar, S/o.Ranga Swamy, Aged about 42 years R/o.H.No.3/220, Gokul Apartment, YMR Colony Kadapa District. Proddutur, YSR 2. The State ofAndhra Pradesh, Rep.by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravathi. ...Respondent(S): Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition may be pleased to quash the proceedings in C.C.No.1/2017 on the file of the I Additional Judicial Magistrate of First Class, Proddutur. lA NO: 2 OF 2027 the High Court 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 including appearance of the Petitioner in C.C.No.1/2017 on the file of the I Additional Magistrate of First Class, Proddutur, pending disposal of the above Counsel for the Petitioners: Sri P Nagendra Reddy Counsel for the Respondent No.1: None Appeared Counsel for the RespondentNo.2: Public Prosecutor The Court made the following: Judicial CrI.P. APHC010420992022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Nos. 1603. 1605. 1606,1608. 1609,1611 AND 1612 OF 2023 AND 5565. 5875. 5879. 5887, 5888. 5889, 5890, 5892. 5893. 5894. 5895. 5896. 5897. 6329, 6331,6333, 6486, 6502 & 7255 OF 2022 [3396] COMMON ORDER: These Criminal Petitions are filed under Section 482 of Code of Criminal Procedure, 1973' by the Petitioners in a series of C.C.s on the file Court for the offence under Section 138 of the Negotiable Instruments Act, 1881^. 2. The above cases have been registered based on the private complaints filed by different Complainants against the Petitioners herein for the dishonour of the cheques alleged to have been issued by the Petitioners to the Complainants. For easy understanding the details of the complaints, along with the contentions of the Petitioners, in brief, are tabulated as under: ’ in short ‘the Code’ ^ In short ‘the N.l.Act’ 2 Issue in Question S.No Criminal Petition No. Name of the Complainant The A1 borrowed Rs.25,00,000/- as hand loan from R1 for developing his educational institution. The cheque was issued by A1 for an amount of Rs.25,00,000/- got dishonoured for want of funds. 1603/2023 Yeraiahgari Venkateswara Reddy 1 It is the contention of the petitioners that A2 has nothing to do with the liability of A1 since the cheque was issued and signed in A.I’s personal capacity but not as a Correspondent of A2. The school cannot be punished only because the cheque belongs to the school. It is A1 that availed loan but not A2, as such A2 has no liability to pay any amount to R1 and A2 cannot be prosecuted and made a party to any civil or criminal proceedings. The A2 cannot be punished since there is no legally enforceable debt against A2 and the other accused also cannot be punished under Sec.142 Nl Act. The A1 borrowed Rs.25,00,000/- as hand loan from R1 for developing his educational institution. The cheque was issued by A1 for an amount of Rs.25,00,000/- got dishonoured for want of funds. It is the contention of the petitioners that A2 has nothing to do with the liability of A1 since the cheque was issued and signed in ATs personal capacity but not as a Correspondent of A2.The school cannot be punished only because the cheque belongs to the school. It is A1 that availed loan but not A2, as such A2 has no liability to pay any amount to R1 and A2 cannot be prosecuted and made a party to any civil or criminal proceedings. 2 1605/2023 Vuluvapalli Pedda Konda Reddy 3 The A2 cannot be punished since there is no legally enforceable debt against A2 and the other accused also cannot be punished under Sec. 142 Nl Act. _ The A1 borrowed Rs.25,00,000/- as hand loan from R1 for developing educational institution. The issued by A1 for an Rs.25,00,000/- got Bobbala Nageswara Reddy 1606/2023 3 his cheque was amount of dishonoured for want of funds. It is the contention of the petitioners that A2 has nothing to do with the liability of A1 since the cheque was issued and signed in Al’s personal capacity but not as a Correspondent of A2. The school cannot be punished only because the cheque belongs to the school. It is A1 that availed loan but not A2, such A2 has no liability to pay any amount to R1 and A2 cannot be prosecuted and made a party to any civil or criminal proceedings. as The A2 cannot be punished since there is no legally enforceable debt against A2 and the other accused also cannot be punished under Sec. 142 Nl Act. —— _ The A1 borrowed Rs.25,00,000/- as hand loan from R1 for developing his educational institution. The issued by A1 for an Rs.25,00,000/- got Bekkam Rama Krishna Reddy 1608/2023 4 cheque was amount of dishonoured for want of funds the contention of the It is petitioners that A2 has nothing to do with the liability of A1 since the cheque was issued and signed in ATs personal capacity but not as a Correspondent of A2. The school cannot be punished only because the cheque belongs to the school. It A1 that availed loan but not A2, such A2 has no liability to_payJ IS as 4 i'- any amount to R1 and A2 cannot be prosecuted and made a party to any Civil or criminal proceedings. The A2 be punished since there is no legally enforceable debt against A2 . accused aiso cannot be '. under Sec.142 Nl Act. TheA2ToiT(w5jRi7io;oo^^ hand loan from R1 for developing his educational institution P°sMated cheque Rs. 10.00,000/-. The cheque issued by A2 for Rs. 10,00,000/- want of funds. and the other punished 5 1609/2023 Chowdam Nagaraju as and for was an amount of got dishonoured for It is the contention of the ^ nothing to do with the liability of A2 since the Cheque was issued A2’s personal and signed in capacity but not as a Correspondent of A1. The school cannot be punished only because the cheque belongs to the school. It IS A2 that availed loan but not A1 as such A1 has no liability to pay any amount to Rl and A1 cannot be prosecuted and made a party to any civil or criminal proceedings. The A1 cannot be punished since there is no legally enforceable debt against A1 and the other accused also cannot be punished under Sec.142 Nl Art TheArboiTowed~Ri?l0;00"0^ hand loan from Rl for developing his educational institution issued a postdated cheque for Rs.10,00,000/-. The cheque was ^ A2 for an amount of Rs.10,00,000/- got dishonoured want of funds. 6 1611/2023 Badiginchala Krishna Mohan as and for h IS the contention of the ggMigners that A1 has nothing tn 5 with the liability of A2 since the cheque was issued and signed in A2’s personal capacity but not as a Correspondent of A1. The school cannot be punished only because the cheque belongs to the school. It is A2 that availed loan but not A1, as such A1 has no liability to pay any amount to R1 and A1 cannot be prosecuted and made a party to any civil or criminal proceedings'. The A1 cannot be punished since there is no legally enforceable debt against A1 and the other accused also cannot be punished under Sec. 142 Nl Act. 7 1612/2023 Burri Venkata Subbaiah The A2 borrowed Rs.20,00,000/- from R1 and executed a promissory note, for developing his educational institution. The cheque was issued by A1 for an amount of Rs. 10,00,000/- got dishonoured for want of funds. It is the contention of the petitioners that A1 has nothing to do with the liability of A2 since the cheque was issued and signed in A2’s personal capacity but not as a President of A1. The A1 has no legally enforceable liability. The other accused cannot be punished for the transaction between A2 and the R1. They are not liable to be punished under Sec. 141 of Nl Act. The petitioner is the sole accused and he is Secretary/Correspondent of Sri Surya Educational Society which runs Kesava Reddy School. It was alleged against him that he issued a cheque No. 956345 dated 09.07.2015, for Rs. 1,75,000/- and the same was dishonoured for want of funds. 5565/2022 Gondu Janardhana Rao" 8 As per the complaint, the amount was paid by the 6 complainant towards securitv^’^'^*^ deposit since his son studied in the educational institution of the petitioner. The petitioner used to collect security deposits for students which will be returned at the time of discontinuation or end of studies in his school and executed a promissory note for the said security deposit amount. It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is not the drawer of the cheque. The complaint did not include the Sri Surya Educational Society who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. The petitioner is the sole accused and he is Secretary/Correspondent of Sri Surya Educational Society which runs Kesava Reddy School. It was alleged against him that he issued a cheque No. 956291 dated 04.07.2015, for Rs.1,75,000/- and the same was dishonoured for want of funds. 9 5875/2022 Batna Vengala Rao As per the complaint, the amount was paid by the complainant towards security deposit since his son studied in the educational institution of the petitioner. The petitioner used to collect security deposits for students which will be returned at the time of discontinuation or end of studies in his school and executed a promissory note for the said security deposit amount. It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is not the drawer of the cheque. The 7 complaint did not include the Sri Surya Educational Society who is a drawer of the cheque, as a party to the complaint. Without drawer of the the in-charge cannot be cheque held liable. — The petitioner is the sole accused and he is Secretary/Correspondent of Sri Surya Educational Society which runs Kesava Reddy School. It was alleged against him _ that he issued a cheque No. 956344 dated 09 07.2015, for Rs.1,50,000/- and dishonoured for want Batna Vengala Rao 5879/2022 10 the same was of funds. the complaint, the paid by towards As per the amount complainant deposit since his son studied in the educational institution of the petitioner. The petitioner used to collect security deposits for students which will be returned at the time of discontinuation or end of studies in executed a note for the said security was security school and his promissory deposit amount. the contention of the not liable for It is petitioner that he is dishonour of the cheque since he is not the drawer of the cheque. The complaint did not include the Sri Surya Educational Society who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. The petitioner is the sole accused and he is Secretary/Correspondent of Sri Surya Educational Society which runs Kesava Reddy School. It was alleged against him that he issued a cheque No. 956305 dated for Rs.2,25,000/- and dishonoured for want Kelavalasa Tirupati Rao 5887/2022 11 05.07.2015 the same was of funds. 8 As per the complaint, the amourh<^^ was paid by the complainant towards security deposit since his son studied in the educational institution of the petitioner. The petitioner used to collect security deposits for students which will be returned discontinuation or end of studies in his school and promissory note for the said security deposit amount. at the time of executed a It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is not the drawer of the cheque. The complaint did not include the Sri Surya Educational Society who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. The petitioner is the sole accused and he is Chairman of Kesava Reddy Residential School. It alleged against him that he issued a cheque No. 851052 dated 04.08.2015, for Rs.10,00,000/- and the same was dishonouredfor want of funds. 12 5888/2022 V. Bommi Reddy was It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is not the drawer of the cheque. The complaint did not include the Kesava Reddy Residential School who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. The petitioner is the sole accused and he is Secretary/Correspondent of Sri Surya Educational Society which runs Kesava Reddy School. It was alleged against him that he issued a cheque No. 956351 dated 13 5889/20 Rambuktha Appa Rao 9 10.07.2015, for Rs.1,25,000/- and the same was dishonoured for want of funds. As per the complaint, the amount was paid by the complainant towards security deposit since his studied in the educational institution of the petitioner. The petitioner used to collect security deposits for students which will be returned at the time of discontinuation or end of studies in his school and executed a promissory note for the said security deposit amount. It is the contention of the petitioner that he is not liable for dishonour of he is not the of the cheque, complaint did not include the Sri Surya Educational Society who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. - The petitioner is the sole accused and he is Secretary/Correspondent of Sri Surya Educational Society which runs Kesava Reddy School. It alleged against him-that he issued a cheque No. 956306 dated 05.07.2015, for Rs.1,50,000/- and the same was dishonoured for want of funds. son the cheque since drawer The Pagoti Gopala Rao 5890/2022 14 was As per the complaint, the amount was paid by the complainant towards security deposit since his studied in the educational institution of the petitioner, petitioner used to collect security deposits for students which will be time son The of the at returned discontinuation or end of studies in and executed a note for the said security his school promissory 10 deposit amount. It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is not the drawer of the cheque. The complaint did not include the Sri Surya Educational Society who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. The petitioner is the sole accused and he is Secretary/Correspondent of Sri Surya Educational Society which runs Kesava Reddy School. It was alleged against him that he issued a cheque No. 956307 dated 05.07.2015, for Rs.1,50,000/- and the same was dishonoured for want of funds. Pagoti Gopala Rao 15 5892/2022 As per the complaint, the amount was paid by the complainant towards security deposit since his son studied in the educational institution of the petitioner. The petitioner used to collect security deposits for students which will be returned discontinuation or end of studies in his school and executed a promissory note for the said security deposit amount. the time of at It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is not the drawer of the cheque. The complaint did not include the Sri Surya Educational Society who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. The petitioner is the sole accused and he is Secretary/Correspondent of Sri Surya Educational Society 5893/2022 Nallabakiri Satyavathi 16 11 which runs Kesava Reddy School. It alleged against him that he issued a cheque No. 956299 dated 05.07.2015, for Rs.1,75,000/- and the same was dishonoured for want of funds. As per the complaint, the amount paid by the complainant towards security deposit since his son studied in the educational institution of the petitioner. The petitioner used to collect security deposits for students which will be returned at the time of discontinuation or end of studies in his school and executed a promissory npte for the said security deposit amount. It is the contention of the petitioner that he is not liable for dishonour of he is not the of the cheque, complaint did not include the Sri Surya Educational Society who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. The petitioner is the sole.accused and he is Chairman of Kesava Reddy Residential School. It was alleged against him that he issued a cheque No. 640075 dated 04.08.2015, for Rs.10,00,000/- and the same was dishonoured for want of funds. It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is not the drawer of the cheque. The complaint did not include the Kesava Reddy Residential School who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. was was the cheque since drawer The V. Vijaya Chandra Reddy 5894/2022 17 12 The petitioner is the sole accuseu^ and he is Secretary/Correspondent of Sri Surya Educational Society which runs Kesava Reddy School. It was alleged against him that he issued a cheque No. 956293 dated 28.08.2015, for Rs.1,50,000/- and the same was dishonoured for want of funds. 18 5895/2022 Dandugula Pardha Saradhi As per the complaint, the amount was paid by the complainant towards security deposit since his son studied in the educational institution of the petitioner. The petitioner used to collect security deposits for students which will be returned at the time of discontinuation or end of studies in his school and executed a promissory note for the said security deposit amount. It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is not the drawer of the cheque. The complaint did not include the Sri Surya Educational Society who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. 19 5896/2022 Matta Rama Krishna The petitioner is the sole accused and he is Secretary/Correspondent of Sri Surya Educational Society which runs Kesava Reddy School. It was alleged against him that he issued a cheque No. 956342 dated 09.07.2015, for Rs.1,75,000/- and the same was dishonoured for want of funds. As per the complaint, the amount was paid by the complainant towards security deposit since his son studied in the educational institution of the petitioner. The 13 <<:s petitioner used to collect security deposits for students which will be returned at the time of discontinuation or end of studies in school and executed a promissory note for the said security deposit amount. It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is ’ not the drawer of the cheque, complaint did not include the Sri Surya Educational Society who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the. in-charge cannot be held liable. The petitioner is the sole accused and he is Chairman of Kesava Reddy Residential School. It was alleged against him that he issued a cheque No. 04.08.2015, for Rs.10,00,000/- and the same was dishonoured for want of funds. It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is not Jhe drawer complaint did not include the Kesava Reddy Residential School who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. " The petitioner is the sole accused and he is Secretary/Correspondent of Sri Surya Educational Society which runs Kesava Reddy School. It alleged against him that he issued a cheque No. 956282 dated 02.07.2015, for Rs.1,50,000/- and the same was dishonoured for want of funds. As per the complaint, the amount paid by the complainant his The V. Nagendranath Reddy 5897/2022 20 851053 dated The of the cheque. Telugu Someswara Rao 6329/2022 21 was was 14 towards security deposit since his son studied in the educational institution of the petitioner. The petitioner used to collect security deposits for students which will be returned at the time of discontinuation or end of studies in his school. It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is not the drawer of the cheque. The complaint did not include the Sri Surya Educational Society who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. The petitioner is the sole accused and he is Secretary/Correspondent of Sri Surya Educational Society which runs Kesava Reddy School. It was alleged against him that he issued a cheque No. 956345 dated 09.07.2015, for Rs.1,75,000/- and the same was dishonoured for want of funds. 22 6331/2022 Gondu Janardhana Rao As per the complaint, the amount was paid by the complainant towards security deposit since his son studied in the educational institution of the petitioner. The petitioner used to collect security deposits for students which will be returned at the time of discontinuation or end of studies in his school. It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is not the drawer of the cheque. The complaint did not include the Sri Surya Educational Society who is a drawer of the cheque, as a party to the complaint. Without drawer of the 15 cheque, the in-charge cannot be held liable. The petitioner is the sole accused and he is Secretary/Correspondent of Sri Surya Educational Society which runs Kesava Reddy School. It was alleged against him that he issued a cheque No. 956347 dated 09.07.2015, for Rs.1,75,000/- and the same was dishonoured for want of funds. Chakka Satyanarayana 6333/2022 23 As per the complaint, the amount was paid by the complainant towards security deposit since his studied in the educational institution of the petitioner. The petitioner used to collect security deposits for students which will be returned at the time of discontinuation or end of studies in his school and executed a promissory note for the said security deposit amount. son It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is not the drawer of the cheque, complaint did not include' the Sri Surya Educational Society who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. The petitioner is the sole accused and he is Secretary/Correspondent of Kesava Reddy Public School. It was alleged against him that he issued a cheque No. 802582 dated 04.09.2015, for Rs.10,00,000/- and the same was dishonoured for want The Mallela Lakshmi Kanthamma 6486/2022 24 of funds. As per the complaint, the cheque was issued for a debt amount lent by the complainant to the petitioner/accused for loan, by a 16 idr. promissory note dated 01.08.2013. It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is not the drawer of the cheque. The complaint did not include the Kesava Reddy Public School who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. 25 6502/2022 Telugu Ramesh The petitioner is the sole accused and he is Secretary/Correspondent of Sri Surya Educational Society which runs Kesava Reddy School. It was alleged against him that he issued a cheque No. 956313 dated 06.07.2015, for Rs.1,50,000/- and the same was dishonoured for want of funds. As per the complaint, the amount was paid by the complainant towards security deposit since his son studied in the educational institution of the petitioner. The petitioner used to collect security deposits for students which will be returned at the time of discontinuation or end of studies in his school. It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is not the drawer of the cheque. The complaint did not include the Sri Surya Educational Society who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. 26 7255/2022 Boggarapu Manohar The petitioner is the sole accused and he is Secretary/Correspondent of Kesava Reddy Public School. It was alleged against him that he issued two cheques Nos. 851079 17 and 851077 dated 13.11.2014, each for Rs.5,00,000/- and the same were dishonoured for want of funds. As per the complaint, the cheques were issued for debt amount lent by complainant petitioner/accused for loan, by a promissory note dated 10.09.2013. It is the contention of the petitioner that he is not liable for dishonour of the cheque since he is not the drawer of the cheque, complaint did not include Kesava Reddy Public School who is a drawer of the cheque, as a party to the complaint. Without drawer of the cheque, the in-charge cannot be held liable. the to the The As seen from the facts of the above cases, it is clear that, some of the cases have been filed against Kesava Reddy Public School and its representatives on the ground that Accused No.1 had borrowed amount from the respective Complainants and in discharge of the said debt, cheques was issued to the Complainants and on presentation, the said cheques was dishonoured. In such cases, the Accused sought to quash the proceedings against them on the ground that there is no legally enforceable debt. In some other cases, the amounts were paid by the respective Complainant towards security deposit, at time of admission of their sons in the educational institution of the Petitioner. The Petitioner used to collect security deposits for students which will be returned at the time of 3. 4. 18 discontinuation or end of studies in his school and executed a promissory note for the said security deposit amount. In those cases, it is the contention of the . Petitioners that they are not liable for dishonour of the cheques since they are not the drawer of the said cheq 5. The facts of the above cases would show that there ues. is a mixed question of fact and law. Series of cases have been filed against the Petitioners and larger public interest is also involved therein. What transpired between the parties has to be decided during trial and it is not the stage to decide the contentions raised by both parties, while exercising the jurisdiction under Section 482 Cr.P.C, since they are the matter of trial. 6. The Hon'ble Apex Court in case of Oriental Bank of Commerce v. Prabodh Kumar Tewari= has held that a drawer who signs a cheque and hands it over to the payee, is presumed to be liable unless the drawer adduces evidence to rebut the presumption that the cheque has been issued towards payment of a debt or in discharge of a liability. The relevant portion is reproduced as under; "16. A drawer who signs a cheque and hands it over to the payee, is presumed to be liabie unless the drawer adduces evidence to rebut the presumption that the cheque has been issued towards payment of a debt or in discharge of a liability. The presumption arises under Section 139." '2022 see Online Se 1089 19 7. In the instant cases, the questions as to whether there is any legally enforceable debt between the parties and whether the Petitioner is the drawer of the cheques, comes within the ambit of Section 138 of N.I.Act and they are the issues to be decided during trial. In view of the peculiarity of the contentions raised by both sides and the technicalities involved in all the criminal petitions, this Court is of the view that, they are the aspects to be decided during trial before the trial Court, but cannot be considered at this stage. In that view, the Criminal Petitions are disposed of directing the respective trial Courts to dispose of the cases in accordance with law expeditiously as possible. Pending miscellaneous petitions, if any, shall stand closed. 8. as Sd/- A VIJAVA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of First Class; Nandyal, Kurnool District. 2. The Additional Judicial Magistrate of First Class; Prodattur, Kurnool District. 3. The I Additional Judicial Magistrate of First Class, Proddattur, Kurnool District. 4. The Judicial First Class Magistrate, Srikakulam, 5. The Judicial First Class Magistrate, Allagadda 6. The Station House Officer, Nandyal I Town District. 7. One CC to Sri P Nagendra Reddy Advocate [OPUC] 8. One CC to Sri Sri D Satya Siva Darshan Advocate 9. One CC to Sri Sri J Janakirami Reddy Advocate 10. One CC to Sri V Nitesh Advocate [OPUC] 11. Two CC's to The Public Prosecutor Amaravati [OUT] 12. Two CD Copies Srikakulam District. Kurnool District. Police Station, Kurnool [OPUC] [OPUC] High Court of Andhra Pradesh at SAM NM HIGH COURT DATED:07/01/2025 ^15JUL 2025 SectjOj^^^ € oj Co COMMON ORDER CRIMINAL PETITION Nos: 1603. 1605.1606, 1608, 1609,1611 and 1612 OF 2023 AND 5565. 5875. 5879. 5887. 5888. 5889, 5890, 5892, 5893, 5894, 5895. 5896. 5897. 6329, 6331. 6333. 6486. 6502 & 7255 of 2022 DISPOSING OF THESE CRIMINAL PETITIONS