Dr.VJP,J Crl.P.No.11192 of 2025 APHC010575402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11192 OF 2025 Between: 1. V REDDAPPA NAIDU, S/o. Munaswamy Naidu, Aged about 56 years, R/o. Door No. 18-1-671, Chendu Chicken Shop, Bhaavani Nagar, Tirupati Residing at Door No. 18-8-10, Madhura Nagar, Tirupati, Tirupati District ...Petitioner AND 1. A POLISETTY, S/o. A. Anjaneyulu, Aged about 59 years, R/o. Door No. 18-2-207, Ashok Nagar, Tirupati, Tirupati District 2. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati ...Respondents 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 allow the criminal petition by setting aside the order dated 22.09.2025 passed in CRLMP. No. 2301 of 2025 in C.C. No. 1834 of 2023 on the file of the Court of the Honble IV Additional Civil Judge (Junior Division) - Cum- IV Additional Judicial Magistrate of First Class, Tirupati, and pass IA NO: 1 OF 2025 Dr.VJP,J Crl.P.No.11192 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 stay all further proceedings in C.C. No. 1834 of 2023 on the file of the Court of the Honble IV Additional Civil Judge (Junior Division) - Cum- IV Additional Judicial Magistrate of First Class, Tirupati, pending disposal of the above Criminal Petition and pass Counsel for the Petitioner: S VARADARAJULU CHETTY Counsel for the Respondents: Dr.VJP,J Crl.P.No.11192 of 2025 The Court made the following ORDER: 1. This Criminal Petitioner is filed with the following prayer: “…pleased to allow the criminal petition by setting aside the order dated 22.09.2025 passed in CRLMP. No. 2301 of 2025 in C.C. No. 1834 of 2023 on the file of the Court of the Honble IV Additional Civil Judge (Junior Division) - Cum- IV Additional Judicial Magistrate of First Class, Tirupati… 2. Heard Sri S.Varadarajulu Chetty, learned counsel for the petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for respondent - State. Though notice served on 1st respondent, none entered appearance. 3. Learned counsel for petitioner would submit that petitioner herein is accused and is facing trial for the offence under Sections 138 and 142 of NI Act. Petitioner preferred Crl.M.P.No.2301 of 2025 in C.C.No.1834 of 2023 seeking to send the subject cheque and pro-note to the expert for comparison with the admitted signature on the loan application which contains contemporaneous signature of the petitioner. Learned counsel would further submit that the learned Judge dismissed the application solely on the ground that the original loan application, despite being in the possession of the petitioner after the loan was discharged, is highly doubtful. Learned counsel would further submit that liberty may be given to the petitioner for production of any other authenticated document containing contemporaneous signature of the petitioner before the Court. Dr.VJP,J Crl.P.No.11192 of 2025 4. Considering the submissions made and on perusal of the impugned order, it would show that the said petition is dismissed on the ground that the petitioner failed to file documents which contain contemporaneous signature of the petitioner except the original loan application which is highly doubtful. 5. In that view, the criminal petition is allowed. Order dated 22.09.2025 in Crl.M.P.No.2301 of 2025 in C.C.No.1834 of 2023 is set aside. Learned Magistrate is directed to give opportunity to the petitioner for production of authenticated documents containing contemporaneous signature of the petitioner for sending the same to the expert for comparison with the disputed documents. If the petitioner fails to file such documents before the Court within a period of one week from the date of receipt of copy of this order, this criminal petition shall stand dismissed. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.11.2025 Note: Issue C.C By 22.11.2025 B/o Dvs Dr.VJP,J Crl.P.No.11192 of 2025 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 70 CRIMINAL PETITION NO: 11192 OF 2025 Date: 21.11.2025 Dvs