Extracted from the PDF above. The PDF is authoritative.
APHC010684792025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13063/2025 Between:
1. Y. RAMACHANDRA REDDY, S/O KONDA REDDY AGED 65 YEARS, OCC. RETIRED PROFESSOR, R/O D. NO. 7/528A, NGO COLONY, KADAPA
...PETITIONER/ACCUSED AND
1. AKULA HIMA BINDU, W/O LATE AKULA KRISHNA KUMAR AGED 45 YEARS, R/O D. NO. 1099, DEVUNI KADAPA KADAPA.
2. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF AP AT AMARAVATI.
...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused:
1. PARTY IN PERSON Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2.
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13063 of 2025
Order: The Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the Petitioner, seeking quashment of proceedings against him in C.C.No.913 of 2020 on the file of the learned I Additional Junior Civil Judge, Kadapa.
2. Heard Sri Y.Ramachandra Reddy, party in person and Sri Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent No.2/State.
3. The petitioner raised two grounds before this Court. One ground pertains to the principle of res judicata, contending that in very similar cases between the same parties, there is a finding to the effect that the complainant had no financial capacity to lend such a huge amount. The other ground raised in the present petition relates to the mention of the total cheque amount in the notice.
4. Considering the submissions made and upon a fair examination of the material placed before this Court, the issue raised relates to res judicata, which is a matter to be examined by the learned trial Judge, who shall consider the same and take an appropriate decision in accordance with law. Coming to the second point, the legal notice clearly states that the petitioner issued four cheques for an amount of Rs.25,00,000/- each. However, in the
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second paragraph of the notice, the total amount is referred to as Rs.25,00,000/-. This aspect requires appreciation by the learned Judge after the evidence is placed before the trial Court.
5. In that view, this Court is not inclined to quash the proceedings, as there is no verifiable material available at this stage, which requires appreciation by the learned trial Judge. However, the petitioner is at liberty to raise such
contentions before the learned trial Judge, and the learned trial Judge may look into the same and take an appropriate decision in accordance with law.
6. Accordingly, the Criminal Petition is disposed of.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
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Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 29.12.2025 Asr
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 13063 of 2025
Date: 29.12.2025
Asr