APHC010624092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] SATURDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12111/2025 Between: 1. SEELA GUNACHANDRA, SON OF LATE RAMAIAH,AGED ABOUT 53 YEARS, RESIDENT OF DOOR NO. 6-503,NTR COLONY, NEAR GOVT SCHOOL STREET,VENKATAGIRI TOWN, SPSR NELLORE DISTRICT ...PETITIONER/ACCUSED AND 1. SRI KRISTIPATI VISWAPRASAD, SON OF SUBBA RAMAIAH, AGED 48 YEARS. BUSINESS,RESIDENT OF DOOR NO. 16-558, KARNAKAMMA STREET,VENKATAGIRI MUNICIPALITY, SPSR NELORE DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF A.P., AT AMARAVATI.... ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. PATHI SIVA PRASAD Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court Made the Following Order: The instant petition under Section 528 of BNSS, has been filed by the Petitioner herein, seeking quashment of proceedings against him in C.C.No.248 of 2025 on the file of the learned Judicial Magistrate of First Class, Venkatagiri, for the offence under Sections 138 read with 142 of NI Act. 2 2. Heard Sri Pathi Siva Prasad, learned counsel for the petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. Perused the record. 3. Learned counsel for the petitioner would submit that the petitioner is an accused facing allegations for the offence under Section 138 of the N.I. Act. Learned counsel would further submit that even prior to the filing of the private complaint by the complainant, the petitioner had filed a private complaint alleging that someone had stolen his cheques. The cheque in question was returned with the endorsements ‘insufficient funds’ and ‘payment stopped by the drawer. 4. Learned Assistant Public Prosecutor would submit that there are specific allegations against the petitioner and truth or otherwise of the said allegations have to be revealed during the course of trial. Hence, prays to dismiss the present petition. 5. As can be seen from the record, the contentions raised in the present petition are defences available to the petitioner in the case. This Court cannot conduct a mini-trial to appreciate such contentions at this stage while exercising its inherent jurisdiction. The truth or otherwise of the allegations made by the petitioner, including the claim that the cheque was stolen, is a matter to be decided during the trial. 3 6. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to quash the proceedings and, accordingly, the Criminal Petition is dismissed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ___________________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 22.11.2025 Asr 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.12111 of 2025 Dt.22.11.2025 Asr