APHC010517362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11053/2025 Between: 1. K. ASHOK KUMAR REDDY, S/O K.RAJA REDDY, AGED ABOUT 37 YEARS, OCC BUSINESS, R/0.D.N0.6-21A, VELIGALLU VILLAGE AND POST, PEDDAMANDYAM MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT FOR THE STATE OF ANDHRA PRADESH AT AMARAVATHI 2. S NAGARAJU, S/O S.NAGABHUSHAIAH, AGED ABOUT 59 YEARS, OCC WORKING AS SCHOOL ASSSITANT, Z.P.H.S, PAPATHATAGARIPALLE, R/O VELIGALLU, PEDDAMANDYAM MANDAL, ANNAMAIAH DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. SUBRAMANYAM DARABOINA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11053/2025 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/complainant, seeking quashment of the Order dated 13.12.2024 passed by the learned Special Magistrate, Madanapalle in S.T.C.No.355 of 2023 and restore the complaint filed by the petitioner. 2. Heard Sri Subramanyam Daraboina, 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 petitioner herein is the complainant, who filed a private complaint against the respondent No.2 herein for the offence punishable under Section 138 of Negotiable Instruments Act, for dishonour of the cheque. Learned counsel for the petitioner would further submit that while the matter is pending before the Trial Court as S.T.C.No.355 of 2023 on the file of Special Magistrate, Madanapalle and the matter is coming up for issuance of summons to the accused. On the given date, the complainant could not appear before the Court. The learned Trial Judge dismissed the complaint. Learned counsel for the petitioner would further submit that a fair opportunity may be given to the petitioner to pursue his complaint before the Trial Court. 3 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders. 5. Considering the submissions made, since no summons are served on the accused so far before the Trial Court, the notice to the respondent No.2 before this Court is dispensed with and in the interest of justice, to give a fair opportunity to the petitioner to pursue his complaint, since the matter is coming up for issuance of summons to the accused, it is apposite to allow the present Criminal Petition. The impugned Order is set aside. S.T.C.No.355 of 2023 is restored. Learned Trial Judge is directed to proceed with the matter and dispose of the case as expeditiously as possible. 6. In the result, this Criminal Petition is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 27.10.2025. UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11053/2025 Dated.27.10.2025 UPS 67