APHC010683512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13040/2025 Between: 1. KOTA PITCHIYYA,, S/O VENKATESWARA RAO, AGED ABOUT 45 YEARS, R/O HARIJANAWADA, EDUPUGALLU VILLAGE, KANKIPADU MANDAL, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, , REP BY PUBLIC PROCECUTER, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI. 2. SHAIK MOULA SAHEB, S/O MEERA SAHEB, R/O D.NO. 11-94, CHEPALA KUNDEELA CENTER, .TARAKARAMA NAGAR, PORANKI, PENAMALURU MANDAL, KRISHNA DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. MAREEDU SASIDHAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13040/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the petitioner/accused, seeking quashment of the proceedings pending against him in C.C.No.3858 of 2024 on the file of II Additional Metropolitan Magistrate (Railways) Court, Vijayawada, for the offences punishable under Section 138 of Negotiable Instruments Act. 2. Heard Sri M.Sasidhar, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State is in attendance. 3. Learned counsel for the petitioner would submit that the petitioner herein is the accused who is facing trial in C.C. No. 3858 of 2024 on the file of the II Additional Metropolitan Magistrate (Railways) Court, Vijayawada, for the offences punishable under Section 138 of the Negotiable Instruments Act. He would further submit that a false case has been lodged against the petitioner. The 2nd respondent is the friend of the petitioner, and they both done real estate business together for many years. In these circumstances, the respondent No.2 obtained some blank pro-notes and empty cheques for the 3 purpose of security of commission amounts. He would further submit that there is no credit and debit relation except the above said reason and finally prays for quashment of the case. 4. In the light of the contentions raised in the present petitioner, this Court feels it appropriate to dispose of the matter at the stage of admission itself. 5. Considering the submissions made and on perusal of the material placed on record, as can be seen from the contents of the petition, the contentions raised by the petitioner in the present petition are a matter of defence and disputed questions of facts, which this Court cannot decide under the inherent jurisdiction. 6. In that view, this Criminal Petition is disposed of without causing any prejudice to the rights and contentions of the petitioner. However, the petitioner is at liberty to raise all such contentions before the Trial Court. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22.12.2025. UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13040/2025 Dated.22.12.2025 UPS 199