APHC010249062024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3942/2024 Between: 1. MADDALI VENKATA RAMESH BABU, S/O.KODANDA RAMAIAH, AGED ABOUT 49 YEARS R/O.D.N0.26-1-14/B, PAPPU BAZAR, ONGOLE CITY, PRAKASAM DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF A.P. AMARAVATHI, GUNTUR DISTRICT. RESPONDENT 2. KODURI SUDARSANA RAO, S/O. ADINARARYAN, AGED ABOUT 47 YEARS R/O.LAWYERPET, ONGOLE CITY, PRAKASAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 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 begs to present this Memorandum of criminal Petition to quash the order in Crl.M.P.No.3712 of 2023 dated 18- 04-2023 in C.C.No.357 of 2017 on the file of the Judicial Magistrate of First Class Spl. Mobile Court, Ongole and consequently to allow the Crl.M.P.No.3712 of 2023 IA NO: 1 OF 2024 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 Pleased to grant stay of all further proceedings in C.C.No.357 of 2017 on the file of the Judicial Magistrate of First Class Spl. Mobile Court, Ongole pending disposal of the quash Petition and to pass Counsel for the Petitioner/accused: 1. DEVAKUMAR SALIKITI Counsel for the Respondent/complainant(S): 1. MADHAVA RAO NALLURI 2. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure (for short >Cr.P.C.?) is filed by the Petitioner seeking the following relief: <to quash the order in Crl.M.P.No.3712 of 2023 dated 18-04-2023 in C.C.No.357 of 2017 on the file of the Judicial Magistrate of First Class Spl. Mobile Court, Ongole and consequently to allow the Crl.M.P.No.3712 of 2023..= Heard Sri Deva Kumar Salikiti, learned counsel for the Petitioner, Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor for respondent State and Sri Madhava Rao Nalluri, learned counsel for respondent No.2. Perused the material on record. Learned counsel for the Petitioner would submit that Petitioner/accused in CC No.357 of 2017 on the file of the Court of Judicial Magistrate of First Class, Special Mobile Court, Ongole, which is registered for the offence punishable under Section 138 of the Negotiable Instruments Act, on the complaint given by respondent No.2. Further, during the course of trial, Petitioner filed a petition to summon the Manager, Indian Bank, Ongole to produce the original letter dated 09.11.2013 requesting the Manager to stop payment of the cheque bearing No.243771 on 09.11.2013. Learned Trial Judge, vide Order dated 18.04.2024 in Crl.M.P.No.3712 of 2023 erroneously dismissed the Petition. Learned counsel would submit that an opportunity may be given to the petitioner in the interest of justice to prove his defence. 3 Per contra learned counsel for respondent No.2 would submit that the learned Trial Judge appreciated the facts of the case in a right perspective and dismissed the petition since the cheque which was given to the respondent No.2, returned by the bank authorities with an endorsement that >funds insufficient? but not dishonoured on the ground that payment stopped by the drawer. Further, there are no grounds to interfere in the impugned order. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. Considering the submissions and a fair look at the material placed on record including the impugned order, the observation of the Learned Trial Judge is that the cheque was dishonoured for want of funds but not on the ground of payment was stopped by the drawer. In that view, the impugned order does not brook any interference of this Court. Since the case is of the year 2017, the Learned Trial Judge is directed to proceed with the matter and dispose of the same as early as possible without granting any adjournment in a casual manner by mere asking. Accordingly, this Criminal Petition is disposed of. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 3942 of 2024 17.10.2025 Mjl /*