APHC010082732025 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: 1849/2025 Between: Mulla Shahudeen ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Petitioner/accused, seeking quashment of proceedings against him in STC.No.405 of 2022 on the file of Additional Junior Civil Judge, Markapur. 2. Heard Sri T.Ashok Srivastava, 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, aggrieved by the impugned proceedings in STC No. 405 of 2022 for offences under Section 138 of the Negotiable Instruments Act, 1881, has preferred the present petition. Learned counsel would further submit that the complainant has no capacity to lend the amount to the accused. Learned counsel finally would submit that the petitioner has obtained information from the bank under the Right to Information Act, which states that the subject cheque was not presented to the bank. In such a case, no offence is made out against the petitioner under Section 138 of the N.I. Act. The subject cheque is from the year 2013, and it was alleged to have been issued in 2012. 4. Considering the submissions made and a fair look at the contents of the complaint and material placed on record, there is some force in the contentions raised by the petitioner in this matter. However, this Court, while sitting under Section 482 of the Code, cannot decide the disputed questions 3 of fact. Though some documents have been filed before the Court stating that the petitioner has obtained information under RTI, an opportunity should be given to the complainant to present his case before the Court in support of his contentions. 5. In that view, this Criminal Petition is disposed of. However, the petitioner is at liberty to raise all these contentions before the trial Court. Learned trial Judge is requested to consider them and take appropriate decision according to law. Pending interlocutory applications, if any, shall stands closed. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 20.02.2025 MH 4 HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA 87 Crl.P.No.1849 of 2025 Dt.20.02.2025 MH 5