IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1792 OF 2025 Between: Karri Bharath Kumar, S/o Bhadrachalam, Behind Saraswathi School, Vinayaka Nagar, Chataparru Road, Eluru, West Godavari District. ...PETITIONER/ACCUSED AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT 2. Meka Ashok Kumar, S/o Nageswara Rao, Aged 49 years, R/o Near Gowramma Temple, Eastern Street, Eluru, West Godavari District. ...RESPONDENT/COMPLAINANT Petition under Section 528 of BNSS Act 2023 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. 09.09.2024 CrI.M.P. No. 3 of 2024 in C.C. No. 498 of 2019 on the file of the court of learned II Additional Junior Civil Judge-cum- II Additional Judicial Magistrate of First Class, Eluru and consequently allow the petitioner under Section 45 of the Indian Evidence Act. passed in petition filed by the i 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 grant stay of all further proceeding? including appearance of petitioner in C.C. No. 498 of 2019 on the file of the court of learned II Additional Junior Civil Judge -cum- II Additional Judicial Magistrate of First Class, Eluru, pending disposal of the main Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Kishore Kumar Katari, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2 The Court made the following ORDER : r • APHC010074212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1792/2025 Between: Karri Bharath Kumar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused; 1.KISHORE KUMAR KATARI Counsel for the Respondent/complalnant(S): 1.PUBLIC PROSECUTOR The Court made the following: 2 $ ORDER: The instant petition under Section 528 of Bharatiya Nagarik Sufaksha Sanhita, 2023 has been filed by the Petitioner/accused, seeking quashment of proceedings against him in Crl.M.P.No.3 of 2024 in C.C.No.498 of 2019 on the file of the Court of II Additional Junior Civil Judge-cum-ll Additional Judicial Magistrate of I Class, Eluru. 2. Heard Sri Kishore Kumar Katari, learned counsel for the petitioner and Sri C.Panini Somayaji, learned Additional Public Prosecutor is in attendance. 3. Learned counsel for the petitioner would submit that the petitioner herein is an accused in C.C.498 of 2019 which is filed under Section 138 of Negotiable Instruments Act, 1881. During the pendency of the said case, the petitioner/accused filed an application under Section 45 of Evidence Act 1872 requesting the Court to send promissory note and subject cheque for comparison of his signatures since he has taken a plea that his signatures are forged. Learned counsel would submit that the learned trial Judge dismissed the petition only on the ground that he requested the Court to take his signatures in the open Court without placing any material with his contemporaneous assured signatures. Learned counsel would submit that the petitioner is very much ready to give his contemporaneous assured signatures before the Court and an opportunity may be given to prove his defence before the Court. 3 4, Considering the submissions made and a fair look at the impugned order as rightly put by the learned counsel for the petitioner, the petition before the trial Court was dismissed on the ground that the subject documents i.e., promissory note and cheque contains the signature of the accused about seven years back. The accused want to give his signatures in the open Court that is the reason for learned trial Judge dismissing his petition. Now, learned counsel would submit that the contemporaneous assured signatures of the petitioner are very much available. In light of this, this Criminal Petition is disposed of, subject to the petitioner submitting his contemporaneous assured signatures before the trial Court on the next date of hearing. Upon filing such documents, the learned trial judge may proceed with the matter by sendingthe signaturesto 5. an expert for comparison. 6. If the petitioner fails to submit the contemporaneous assured signatures before the trial Court, this Criminal Petition shall stand dismissed. Pending interlocutory applications, if any, shall stands closed. SOI- K.SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The II Additional Junior Civil Judge -cum- II Additional Judicial Magistrate of First Class, Eluru, West Godavari District. 2. One CC to Sri. Kishore Kumar Katari Advocate [OPUC] 3. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 4. THREE CD COPIES O A X iC HIGH COURT DATED:20/02/2025 ORDER CRLP.No.1792 of 2025 AND/^ X I t MAR 2025 „ <3.^ . Current Section mil oth DISPOSING OF THE CRLP