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2025 DAILYLAW 56177 (AP)

M/s Venkata Sai Sea Foods v. The State of Andhra Pradesh

CRLP/10280/2025 · 2025-10-05

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010522002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10280/2025 Between: 1. M/S VENKATA SAI SEA FOODS, REP BY ITS SOLE PROPRIETOR SRI RAMESH PALLABOTHU,R/O FLAT NO. 202, 11-13-61/10, VAJRA TOWERS,RAMI REDDY PET, NARASARAOPETA, PALNADU DISTRICT AND SRI RAMESH PALLABOTHUSOLE PROPRIETOR M/S VENKATA SAI SEA FOODS,R/O. DOOR NO.3-1-44/1, PATHURU,SIVALAYAM STREET, NARASARAOPETA,PALNADU DISTRICT, A.P-522601 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. MS BMR INDUSTRIES PVT LTD, REP BY ITS.AUTHORIZED SIGNATORY. SUREKHA, D/O THOTA PENCHILAIAH,AGED ABOUT 30 YEARS, R/O D.NO.16/3/509,MAIN BRANCH, RAMAMURTHY NAGAR, NELLORE CITY,SPSR NELLORE DISTRICT A.P. ...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 pleased to quash the entire proceedings against Accused in C.C No. 441 of 2021 in the court of Vth AddI Judicial Magistrate of 1st class at Nellore U/s. 138 & 142, OF N.l Act and pass 2 IA NO: 1 OF 2025 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 dispense from filling certified copy of C.C No. 441 of 2021 in the court of Vth AddI Judicial Magistrate of 1st class at Nellore U/s. 138 & 142, OF N.l Act, pending disposal of the main Criminal Petition and to pass IA NO: 2 OF 2025 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 to grant stay of all further proceedings against Accused in C.C No. 441 of 2021 in the court of Vth AddI Judicial Magistrate of 1st class at Nellore U/s. 138 & 142, OF N.l Act and pass Counsel for the Petitioner/accused: 1. PONNEKANTI MALLIKARJUNA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10280/2025 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.441 of 2021 on the file of the learned V Additional Judicial Magistrate of First Class, Nellore, for the offences punishable under Sections 138 & 142 of the Negotiable Instruments Act. 2. Heard Sri Ponnekanti Mallikarjuna Rao, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petition may be disposed of without causing any prejudice to the rights and contentions of the petitioner by dispensing the presence of the petitioner before the Trial Court. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions, the Criminal Petition is disposed of without causing any prejudice to the rights and contentions of the petitioner. However, the presence of the petitioner/Accused before the Trial Court is dispensed with, unless his presence is specifically directed by the Trial Court. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.10.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10280/2025 Dated.06.10.2025 UPS 39