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2025 DAILYLAW 7662 (AP)

MEKA SIVA GANGAPAVANI v. SONTI VENKATRAO

CRLP/1895/2025 · 2025-02-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010078982025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY ,THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL Between: Meka Siva Gangapavani Sonti Venkatrao and Others Counsel for the Petitioner/accused: 1. MULLAPUDI SATYANARAYANA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant petition under Section Suraksha Sanhita, 2023 Accused seeking quashment of the proceedings C.C.No.1029 of 2023 on the file of the Court of the Additional Magistrate of I Class, Gudivada, Krishna District. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1895 OF 2025 ...PETITIONER/ACCUSED AND Sonti Venkatrao and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: MULLAPUDI SATYANARAYANA Counsel for the Respondent/complainant(S): PUBLIC PROSECUTOR The Court made the following: The instant petition under Section 528 of the Bharatiya Nagarik (in short “BNSS.”) has been filed by the Petitioner/ seeking quashment of the proceedings pending on the file of the Court of the Additional Magistrate of I Class, Gudivada, Krishna District. IN THE HIGH COURT OF ANDHRA PRADESH [3396] FRIDAY ,THE TWENTY FIRST DAY OF FEBRUARY THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT(S) Bharatiya Nagarik has been filed by the Petitioner/ against her in on the file of the Court of the Additional Judicial 2. Heard Sri Mullapudi Satyanarayana, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. The contentions raised in the present petition are matter of defence. This Court while assessing Section 482 Cr.P.C the jurisdiction cannot be decided the aspects, which are in dispute regarding the facts of the matter. The contentions that there is no legally enforceable debt and also regarding the date of issuance of cheque with reference to statutory legal notice, which was given by the complainant, the petitioner is at liberty to raise all these contentions before the Trial Court. The learned Trial Court may take a call and take appropriate decision over the matter according to law. 4. With the above direction, this Criminal Petition is disposed of. However, the presence of the petitioner before the Trial Court is dispensed with unless her presence is specifically directed by the Trial Court. 5. Pending applications, if any, shall stands closed. _____________________________________ JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.02.2025 KK