APHC010132892026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 2184/2026 Between: P NARENDRA BABU, AGED 47 YEARS, S/O.P.SRINIVASULU, WORKING AS SOFTWARE EMPLOYEE, R/O.H.NO.1- 69,ARKATAVEMULA VILLAGE, TADIPATHRI MONDAL, ANNATHAPUR DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF AP, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP AT AMARAVATHI. 2. NEELAMMAGARI RAGHUNATH, AGED 42 YEARS,S/O LOKARAMI REDDY,BUSINESS,R/O FLAT.NO.506,PAVAN PLAZA, NEAR UCON PLAZA,PARK ROAD, KURNOOL CITY. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: BUDIGE BHOJA RAAM Counsel for the Respondent/complainant(S): PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.2184 of 2026 Dated 18.03.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking to quash the return endorsement dated 16.02.2026 in C.F.R.No.1603 of 2026 in Crl.M.P.No.-/2026 in C.C.No.2139 of 2025 on the file of the learned Judicial Magistrate of First Class-Cum-Special Prohibition and Excise Judge, Kurnool. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. 3. The petitioner has filed a discharge petition under Section 262 of ‘the BNSS’. The learned Magistrate, on 30.12.2025, returned the petition in view of its maintainability pursuant to the judgment of the Hon’ble Apex Court in Basalingappa v. Mudibasappa1. The petitioner re-submitted the petition on 16.02.2026 with the following submission: It is submitted that this Honorable court has taken warrant case and issued summons to the Accused in C.C.No. 2139 of 2025, and so discharge petition is maintainable. If the Honorable Court has taken summons case in cheque bounce case, discharge petition is not maintainable. The Honorable Supreme Court Judgment is not applicable and so this petition is maintainable. 4. The learned Trial Court again returned the petition stating that the previous objections were not complied with. The petitioner is required to 12019 (5) SCC 418 3 Dr. YLR, J Crl.P.No.2184 of 2026 Dated 18.03.2026 comply with the previous objections. If the learned counsel for the petitioner wants to submit arguments on the returning of the petition, he would have mentioned the same in the petition that the petition may be called to the Bench without curing the defects, instead of re-submitting the petition.The petitioner has hastily come to this Court seeking to invoke the powers under Section 528 of ‘the BNSS'. 5. Considering the facts and circumstances of the case, the Criminal Petition is disposed of, directing the petitioner to submit the petition again by complying with the objections raised by the learned Trial Court. If the learned counsel for the petitioner wants to submit arguments on the point of maintainability of the petition, the petition shall be called on to the Bench by the learned Magistrate and appropriate speaking orders shall be passed.The Registry is directed to return the original bundle to the learned counsel for the petitioner. 6. In the result, the Criminal Petition is disposed of. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 18.03.2026 RSI 4 Dr. YLR, J Crl.P.No.2184 of 2026 Dated 18.03.2026 108 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.2184 of 2026 Date:18.03.2026 RSI