IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI TUESDAY THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2170 OF 2025 Between: 1. Damaragunta Kumar, S/o. D. Kanika Raju, Aged about 35 years, Occ Coolie, R/o. KothapailiHarijanawada Village, S.R. Puram Mandal, Chittoor District, presently residing at D. No. 33-58-390, Venkateswara Colony, Ongole, Prakasam District, (name in the chargesheet is wrongly typed as Damarakunta Kumar @ Praveen Kumar S/o. D.Kanaka Raju) 2. Damaragunta Bhagya Lakshmi, W/o. Kumar, Aged about 30 years, Occ Housewife, R/o. KothapailiHarijanawada Village, S.R. Puram Mandal Chittoor District, presently residing at D. No. 33-58-390, Venkateswara Colony, Ongole, Prakasam District. 3. D. Kanika Raju, S/o. late D. Gangaiah, Aged about 62 Kothapalli Harijanawada Village, S.R. Puram Mandal, Chittoor District. years, R/o. ...Petitioners/Accused No.1 to 3 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor Court of A.P., Through Station House Officer Station, S.R. Puram, Chittoor Dist. at High S.R. Puram Police ...Respondent No.1/Complalnant 2. K.Shobharani, W/o. K. Naresh Babu, Working as Railway Signal Technician Aged about 34 years, Occ at Chittoor Railway Station, Residing at 49 Kothapalle Mitta village, S.R.Puram Mandal District. , Chittoor ...Respondent No.2/Defacto-Complainant Petition under Section 482 of Cr.P.C/ Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to and in connection with the charge sheet in CC No. 754 of 2023 pending on the file of Principal Junior Civil Judge of I Class, Puttur for the offence punishable under -cum- Judicial Magistrate section 420 of IPC and consequently quash the same against the petitioner herein/Accused No.4 I.A. NO: 1 OF 7C)9Pi Petition under Section 482 of Cr.P.C/ Section 528 of BNSS 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 the appearance of the petitioners/ accused no.1 further proceedings including to 3 in connection with charge sheet in CC No. 754 of 2023 pending file of Principal Junior Civil Judge -cum- Judicial Magistrate of I Class, Puttur pending disposal of the Criminal Petition. on the This Petition coming on for hearing upon perusing the Memorandum upon hearing the arguments of Sri and the Public Prosecutor on behalf of Grounds of Criminal Petition and V. Nitesh Advocate for the Petitioner of the Respondent The Court made the following: APHC010103422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2170/2025 Between: Damaragunta Kumar and Others ...PETITIONER/ACCUSED(S) AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused{S): 1.VNITESH Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: The petitioners are arraigned as Accused Nos.1 to 3 in C.C.No.754 of 2023, on the file of the Principal Junior Civil Judge- cum-Judicial Magistrate of I Class, Puttur, for the alleged offence under Section 420 of the Indian Penal Code, 1860 (for short ‘IPC’). The petitioners are alleged to have cheated the de facto 2. complainant by taking an amount of Rs.31,70,000/- on various occasions under the pretext of setting up a cool drink agency in the name of the respondent No.2. As the petitioners failed to set up cool drink shop, the respondent No.2 demanded the petitioners to 2 refund the amount. The accused No.1 issued four cheques to the respondent No.2 towards part repayment. However, the cheques were never presented for clearance. It is submitted that though the cheques were issued, they could not be presented as the petitioner No.1 had closed the account with the bank. The respondent No.2, having realized that the petitioners had cheated her, filed a complaint. After investigation, the police filed a charge sheet. 3. The learned counsel for the petitioner submits that the issue pertains to a civil transaction and that there were financial transactions between the petitioners and the respondent No.2. It is submitted by the learned counsel for the petitioner that there are no specific allegations against petitioner Nos.2 and 3. It is submitted that the petitioner No.2 is the wife of the accused No.1 and the petitioner No.3 is the father of the accused No.1 and that they have no role in the commission of the alleged offence. 4. 5. This Court, without going into the merits of the matter, deems it appropriate to dispense with the presence of petitioner Nos.2 and 3, subject to the condition the petitioners submitting an undertaking before the learned Judicial Magistrate of I Class, Puttur, to appear V 3 and when directed by the learned judicial magistrate of I class, as Puttur. 6. With these observations, the criminal petition is disposed off. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECfi^ro^icER To 1. The Additional Civil Judge (Senior Division), Ongole. 2. The Principal Civil Judge (Junior Division)-cum- Judicial Magistrate of I Class, Puttur, Chittoor District. 3. Station House Officer, S.R. Puram Police Station, Chittoor Dist. 4. One CC to Sri. V Nitesh Advocate [OPUC] 5. Two CCs to The Public Prosecutor, High Court of Andhra Pradesh [OUT] 6. Three CD Copies MKP sree 'A HIGH COURT DATED:04/03/2025 ORDER CRLP.No.2170 of 2025 £P 5 02 APR 2025 rnl‘ . Current Section . DISPOSING THE CRLP