1 APHC010427672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6871/2024 Between: Y.NAGA RANI, D/O. KOLAKARI ROSY REDDY HINDU, AGED ABOUT 50 YEARS, R/O DOOR NO. 7-121, OPP. NIKIL ICE CREAM CENTRE, KOTRAMANGALAM ROAD, NEAR MUTYALAMMA TEMPLE, TIRUCHNOOR POST, TIRUPATHI RURAL MANDAL CHITTOOR DISTRICT - 517 503 ...PETITIONER/ACCUSED AND 1. ROYAL PHONE SYSTEM AND TELECARE, REP. BY ITS PROPRIETOR, PRATHIKONDA VENKAIAH S/O ANJAIAH, AGED ABOUT 45 YEARS, O/O DOOR NO. 4-14-98, NEAR ANJANEYA SWAMY TEMPLE AMARAVATHI ROAD, GUNTUR 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR VELGAPUDI, AMARAVATI. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. PAWAN KUMAR MALAPATI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: The instant petition under Section 482 of Code of Criminal Procedure (for short ‘CrPC’) has been filed by the Petitioner / Accused seeking to set aside the Order dated 02.08.2024 passed in Crl.M.P.No.67 of 2024 in C.C.No.72 of 2023 on the file of the Court of II Additional Civil Judge(Junior Division), Guntur and consequently to allow the same for the purpose of further cross examination of P.W.1. 2. Sri M.Pawan Kumar, learned counsel for the Petitioner would submit that, it is a criminal case filed under Section 138 of the Negotiable Instruments Act and the Petitioner is facing trial for the offence of cheque bounce. It is further submitted that, P.W.1 was cross examined, but, due to inadvertence, the questions relating to some crucial aspects were not posed to P.W.1, which are essential to disprove the case of the Complainant. Learned counsel would finally submit that, an opportunity may be given to the Petitioner to recall P.W.1 for further cross examination. 3. Though notice was sent, none appeared on behalf of Respondent No.1. 4. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor is in attendance. 5. Considering the submissions made, to give a fair opportunity to the Petitioner to prove his contentions, in the interest of justice, the Criminal Petition is allowed setting aside the Order dated 02.08.2024 passed in Crl.M.P.No.67 of 2024 in C.C.No.72 of 2023 on the file of the Court of II 3 Additional Civil Judge(Junior Division), Guntur. Consequently, Petitioner / Accused is permitted to recall and further cross examine P.W.1 regarding the stamp of Karnataka Bank, which is affixed on the cheque return memo, which was issued by Syndicate Bank. Petitioner has to pose limited questions which were not covered in the earlier cross examination regarding the above point only. The learned trial Judge is directed to fix a date as per the convenience of P.W.1 for his further cross examination. Petitioner shall pay costs of Rs.10,000/- to P.W.1 on that day, failing which the petition shall stand dismissed. 6. With the above directions, the Criminal Petition is allowed. Consequently, miscellaneous petitions, pending if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:22.09.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.6871 OF 2024 Dt.22.09.2025 Dinesh