I I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION Nos: 4325. 4328 and 4332 of 2025 CRIMINAL PETITION No: 4325 of 2025 Between: M/S S R Aqua Enterprises, represented by its Proprietor Veera Harinadh Babu, S/o Rama Surya Chandra Rao, Aged 45 years, R/o 0pp. BSNL Exchange, Nachuvari Center, Bhimavaram, West Godavari District. ...PETITIONER/ACCUSED(S) AND 1. The State Of Andhra Pradesh, represented by the Public Prosecutor, High Court Of Andhra Pradesh at Amaravathi. 2. M/S Devi Aqua Feeds Pvt. Limited (Complainant),, represented its Authorized Agent cum Deputy General Manager Gandepatli Sridhar, S/o Sankar Rao, Aged 42 years, R/o D.No.21-1-67/7, Rajamahendravaram Road, Peddapuram, East Godavari District. ...RESPONDENTS Petition under Section 528 of BNSS (U/s. 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 order Dt. 23-12-2024 passed by the court below in Crl.M.P.No.3609 of 2024 in CC.No.816 of 2021 on the file of the VI Special Magistrate, Visakhapatnam, Visakhapatnam District. -2- . I.A, NO: 1 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, fhe High Court may be pleased to stay of all further proceedings including the appearance of the Petitioners/ Accused in CC 816 of 2021 on the file of the VI Special Magistrate, Visakhapatnam, Visakhapatnam District pending disposal of the above criminal petition. CRIMINAL PETITION No: 4328 of 2025 Between: M/S S R Aqua Enterprises, represented by its Proprietor Veera Harinadh Babu, S/o Rama Surya Chandra Rao, Aged 45 years, R/o 0pp. BSNL Exchange, Nachuvari Center, Bhimavaram, West Godavari ...PETITIONER/ACCUSED(S) District. AND 1. The State Of Andhra Pradesh, represented by the Public Prosecutor, High Court Of Andhra Pradesh at Amaravathi. 2. M/S Devi Aqua Feeds Pvt. Lirihited (Complainant),, represented its Authorized Agent cum Deputy General Manager Gandepalli Sridhar, S/o Sankar Rao, Aged 42 years, R/o D.No.21-1-67/7, Rajamahendravaram Road, Peddapuram, East Godavari District. ...RESPONDENTS Petition under Section 528 of BNSS (U/s. 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 order Dt. 23-12-2024 passed by the court below in Crl.M.P.No.3630 of 2024 in CC.No.816 of the file of the VI Special Magistrate, Visakhapatnam, 2021 on Visakhapatnam District. -3- I.A. NO: 1 OF 2025 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 stay of all further proceedings including the appearance of the Petitioners/Accused in CC 816 of 2021 on the file of the VI Special Magistrate, Visakhapatnam, Visakhapatnam District pending disposal of the above criminal petition. CRIMINAL PETITION No: 4332 of 2025 Between: M/S S R Aqua Enterprises, represented by its Proprietor Veera Harinadh Babu, S/o Rama Surya Chandra Rao, Aged 45 years, R/o 0pp. BSNL Exchange, Nachuvari Center, Bhimavaram, West Godavari ...PETITIONER/ACCUSED(S) District. AND 1. The State Of Andhra Pradesh, represented by the Public Prosecutor, High Court Of Andhra Pradesh at Amaravathi. 2. M/S Devi Aqua Feeds Pvt..Limited (Complainant),, represented its Authorized Agent cum Deputy General Manager Gandepalli Sridhar, S/o Sankar Rao, Aged 42 years, R/o D.No.21-1-67/7, Rajamahendravaram Road, Peddapuram, East Godavari District. ...RESPONDENTS Petition under Section 528 of BNSS (U/s. 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 order Dt. 23-12-2024 passed by the court below in Crl.M.P.No.3629 of 2024 in CC.No.816 of 2021 on the file of the VI Special Magistrate, Visakhapatnam, Visakhapatnam District. -4- I.A. NO: 1 OF 2025 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 stay of all further proceedings including the appearance of the Petitioners/Accused in CC 816 of 2021 on the file of the VI Special Magistrate, Visakhapatnam, Visakhapatnam District pending disposal of the above criminal petition. This Petitions coming on for hearing. upon perusing the Memorandum of Grounds of Criminal Petitions and upon hearing the arguments of Sri KOTHA NAGA SURYA RAO, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1. The Court made the following COMMON ORDER;- 1 APHC010202332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY .THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4325, 4328 and 4332 of 2025 Crl.P.No.4325 of 2025 Between: ...PETITIONER/ACCUSED M/s S R Aqua Enterprises AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused; 1 .KOTHA NAGA SURYA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 % THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4325, 4328 and 4332 of 2025 The Court made the following Common Order: The Crl.P.No.4325 is filed against the order passed in Crl.M.P.No.3609 of 2024, the Crl.P.No.4328 is filed against the order passed in Crl.l\/I.P.No.3630 of 2024 and the Crl.P.No.4332 is filed against the order passed in Crl.M.P.No.3629 of 2024 in C.C.No.816 of 2021 all the orders were passed on dated 23.12.2024 by the VI Special Magistrate, Vishakapatnam. 2. The petitioner is facing trial in C.C.No.816 of 2021 for the alleged offence under Section 138 of Negotiable Instrument Act. The petitioner filed the petitions seeking the relief of re-opening the evidence by re-calling the Branch Manger of Union Bank of India for producing original cheques and to send the said cheques bearing 007133 and 007134 along with the admitted signatures of the accused to the handwriting expert for comparison and opinion. The learned Magistrate dismissed the petitions Crl.M.P.No.3630 of 2024 whereby the petitioner sought for sending cheques bearing No.007133 and 007134 to the Government Writing officer on the ground that the banker has returned the cheques as account blocked and on the order of the 3 ground of signatures differ. The cheque returned memo would only indicate that the subject cheques were returned as account blocked. The learned Judge, place reliance on the judgment of High Court of Rajasthan in Rampal Vs State of Rajasthan and another, 2016 (1) ALT Crl.(8) Rajasthan. The petition for summoning the branch manager were also dismissed on the ground that the petitioner could not prima facie establish any variation of signatures and summoning the cheques from the erstwhile Andhra Bank would only waste the time of the Court. That apart, the petitioner seeking referring the cheques to the handwriting expert was dismissed as such no purpose would be served in summoning the manager for producing the original cheques. 3. The learned Magistrate, while dismissing the criminal M.P.No.3609 of 2024 has observed that the main case is posted for arguments of the accused and at that stage, the petitioner has filed the petition to reopen the case. It is also observed by the learned Magistrate that the petitioner has filed similar petitions earlier occasions and that the same were dismissed by the Court and that filing similar petitions repeatedly is only to harass the complainant. 4. on 4 The learned counsel appearing for the petitioner would 5. submit that the petitioner is disputing the signatures on the cheques and that unless and until the cheques are referred to a hand writing expert, the authenticity of the cheques cannot be ascertained. It is also submitted that the petitioner has good case on merits and that the learned Magistrate has erred in dismissing the petitions. Heard the learned Assistant Public Prosecutor. 6. 7. Perused the record. This court finds no grounds for interfering in the orders. It is not in dispute that the petitioner received the notice of dishonor of cheques and had been pursuing the case from the year 2021, soon after receipt of summons from the Magistrate Court. The petitioner had ample opportunities and all the time from the date of appearance till the commencement of trial for seeking to refer 8. / the cheques to a hand writing expert. It is evident that the petitioner has the reasons better 9. known to him has waited for the entire trial to be completed and also after completion of the arguments from the complainant side and when the matter is posted for arguments of the petitioner, the 5 petitioner has now come up with the petitions seeking to re-open and summoning of original cheques and also to refer them to a handwriting expert. It is equally surprising as to why the petitioner has not whispered about the filing of similar petitions on the earlier occasions and dismissal of the said petitions. Having failed to take the necessary steps at the appropriate stage, the petitioner cannot be permitted to come up with such petitions seeking the reliefs which are already rejected by the Court that too when the matter was listed for arguments of the petitioner. 10. On these grounds, this Court is not inclined to interfere, accordingly these petitions are dismissed. 11. 12. As a sequel, pending miscellaneous petitions, if any, shall Sd/-M.PRABHAKAR RAO assistant registrar //TRUE COPY// sf- V i SECTION OFFICER To A 1. The VI Specfil Magistrate. Visakhapatnam. 2. The First Additional Chief Metropolitan Magistrate, Visakhapatnam 3. One CC to Sri. Kotha Naga Surya Rao Advocate [OPUC] '^'9'^ <=ourt of Andhra 5. Three CD Copies .m Pradesh at RDB AL HIGH COURT DATED:24/04/2025 COMMON ORDER; CRLP.Nos.4325, 4328 and 4332 of 2025 X 2IM»Y2»5 g ^ . Current Section CRIMINAL PETITIONS ARE DISMISSED