APHC010514272026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE 29 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8652/2026 Between: 1. S MOHAMMAD RAFI, S/O S.K. BASHA, FOREST OFFICE, TIRUPATHI ROAD, FILER VILLAGE, FILER POST MANDAL ANNAMAYYA DISTRICT, ANDHRA PRADESH 1. S NYAMATHULLA, S/O SULEMAN SHA, TIRUPATHI ROAD, ANNAMAYYA DISTRICT, 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI, GUNTUR DISTRICT Petition under Section 482 of circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash all the proceedings in S.T.C.No.8/2026 which was taken on the File of Ad Magistrate of First Class: Piler, Annamayya District, for the alleged offences U/s. 138 & 124 of the Negotiable Instruments Act, 1881, in the interest of justice IA NO: 1 OF 2026 Petition under Section 482 of circumstances stated in the Memorandum of Grounds of Criminal Petition, High Court may be pleased to dispense with filing of certified copies of IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 29th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8652/2026 MOHAMMAD RAFI, S/O S.K. BASHA, R/O D.NO. 1-1353/12, OPP. TIRUPATHI ROAD, FILER VILLAGE, FILER POST MANDAL ANNAMAYYA DISTRICT, ANDHRA PRADESH-517214. ...PETITIONER/ACCUSED AND S NYAMATHULLA, S/O SULEMAN SHA, R/O D.NO. 2 PILER VILLAGE, PILER POST MANDAL, ANNAMAYYA DISTRICT, ANDHRA PRADESH-517214. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC IGH COURT OF ANDHRA PRADESH, NELAPADU, AMARAVATI, GUNTUR DISTRICT-522239. ...RESPONDENT/COMPLAINANT(S): der Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the may be pleased to quash all the proceedings in S.T.C.No.8/2026 which was taken on the File of Addl. Civil Judge (Junior Division) Cum Judicial Magistrate of First Class: Piler, Annamayya District, for the alleged offences U/s. 138 & 124 of the Negotiable Instruments Act, 1881, in the interest of Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, High Court may be pleased to dispense with filing of certified copies of IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 1353/12, OPP. TIRUPATHI ROAD, FILER VILLAGE, FILER POST 517214. ...PETITIONER/ACCUSED R/O D.NO. 2-147, PILER VILLAGE, PILER POST MANDAL, THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC NELAPADU, ...RESPONDENT/COMPLAINANT(S): Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the may be pleased to quash all the proceedings in S.T.C.No.8/2026 dl. Civil Judge (Junior Division) Cum Judicial Magistrate of First Class: Piler, Annamayya District, for the alleged offences U/s. 138 & 124 of the Negotiable Instruments Act, 1881, in the interest of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with filing of certified copies of 2 MRK,J Crl.P.No.8652 of 2026 Proceedings in STC.No.8 of 2026 dated before the Addl. Civil Judge (Junior Division) Cum Judicial Magistrate of First Class: Piler, Annamayya District against the petitioner IA NO: 2 OF 2026 Petition under Section 482 of Cr.P.C and 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 further proceedings in S.T.C. No. 8/2026 which was taken on the File of Addl. Civil Judge (Junior Division) Cum Judicial Magistrate of First Class: Piler, Annamayya District, for the alleged offences U/s. 138 &124 of the Negotiable Instruments Act, 1881, including the personal appearance of the Petitioner in the interest of justice, pending disposal of the above Criminal Petition, Counsel for the Petitioner/accused: 1. CHALLAGALI GOPALARAJU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. 3 MRK,J Crl.P.No.8652 of 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioner herein (Accused), seeking to quash the proceedings in STC.No.8 of 2026 on the file of the Additional Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class, Piler, wherein he was charged with the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881. 2. Heard learned counsel for the petitioner and Mr. K.Sandeep, learned Assistant Public Prosecutor appearing on behalf of respondent No.2-State. 3. Learned counsel for the petitioner submits that the petitioner herein is aged about 50 years, is an employee of APSPDCL, and is presently working at Piler, Annamayya District. 4. Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioner (Accused) before the trial Court by submitting petitioner’s practical constraints in attending before the trial Court and states that petitioner shall not dispute his identity at a later stage of proceedings. 5. On the other hand, learned Assistant Public Prosecutor contended that specific accusations have been made as against the petitioner herein and truth or otherwise of the said accusations has to be decided during the course of trial, hence, there are no grounds to quash the proceedings at this stage. 4 MRK,J Crl.P.No.8652 of 2026 So far as dispensing with the presence of the petitioner, before the trial Court, he has not opposed the same. 6. Since there are specific accusations that have been made as against the petitioner herein, which are all disputed questions of fact, the same can be decided during the course of trial, and this Court, in a petition filed under Section 528 of BNSS, 2023 corresponding to Section 482 Cr.P.C., would not be in a position to conduct roving enquiry into the disputed questions of fact and quash the proceedings at this stage. 7. In this context, it is apt to note the dictum held in State of Uttar Pradesh and Another Vs. Akhil Sharda and Others1, by the Apex Court in its vivid terms in the following way: 7. Having gone through the impugned judgment and order passed by the High Court by which the High Court has set aside the criminal proceedings in exercise of powers under Section 482 Cr.P.C., it appears that the High Court has virtually conducted a mini trial, which as such is not permissible at this stage and while deciding the application under Section 482 Cr.P.C. As observed and held by this Court in a catena of decisions no mini trial can be conducted by the High Court in exercise of powers under Section 482 Cr.P.C., jurisdiction and at the stage of deciding the application under Section 482 Cr.P.C., the High Court cannot get into appreciation of evidence of the particular case being considered. 1 2022 LiveLaw (SC) 594 5 MRK,J Crl.P.No.8652 of 2026 8. Considering the facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioner herein. However, due to ground realities submitted by the counsel for the petitioner, presence of petitioner herein (Accused) before the Additional Civil Judge (Junior Division)- cum-Judicial Magistrate of First Class, Piler, in STC.No.8 of 2026 is hereby dispensed with, except on those dates when the learned trial Court feels that his presence is necessary. In the event of failure of the petitioner to appear, when the trial Court specifically directs, this Order shall stand automatically revoked, without recourse to this Court. 9. Accordingly, the Criminal Petition is disposed of. 10. Needless to state that the petitioner is at liberty to raise all the grounds before the trial Court. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 29.09.2026 MDP