APHC010142622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3049/2025 Between: 1. THOTA PEDA KAPU, , S/O. SURYA PRAKASA RAO, AGED ABOUT 38 YEARS, R/O. D.NO.6-96, JAGANNADHAPURAM STREET, NEAR GANDHI CHERUVU, GANAPAVARAM VILLAGE AND MANDAL, WEST GODAVARI DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE STATION HOUSE OFFICER, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI 2. PONNAGANTI RADHA KRISHNA, S/O. VENKATESWARA RAO, AGED ABOUT 64 YEARS, R/O. D.NO.3-92, SIVALAYAM STREET, K. ILLINDRAPARRU VILLAGE, IRAGAVARAM MANDAL, WEST GODAVARI DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. SODUM ANVESHA Counsel for the Respondent/complainant(S): 1. KARRE SATYANANDAM 2. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3049/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the petitioner/accused, seeking quashment of the Order dated 11.02.2025 passed by the learned IV Additional District and Sessions Judge, Tanuku, West Godavari District, in Crl.M.P.No.870 of 2024 in Crl.A.No.202 of 2023. 2. Heard Sri Sodum Anvesha, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petitioner was convicted for the offence under Section 138 of Negotiable Instruments Act and sentenced to undergo 9 months of simple imprisonment and to pay a compensation of Rs.3,00,000/- to the complainant in C.C.No.481 of 2019 on the file of Special Magistrate, Tanuku. Aggrieved by the same, the petitioner herein filed Criminal Appeal No.202 of 2023 before the Appellate Court and pending the same, he filed an Interlocutory application to adduce additional evidence vide Crl.M.P.No.870 of 2024, which was erroneously dismissed by the learned Appellate Judge vide Order dated 11.02.2025. 3 4. Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that the learned Appellate Court rightly dismissed the petition and the Order passed by the learned Appellate Judge is a well reasoned one and does not brook any interference of this Court. 5. At this juncture, learned counsel for the petitioner would submit that the petition may be disposed of without causing any prejudice to the rights and contentions of the petitioner. 6. Considering the submissions, this Criminal Petition is disposed of without causing any prejudice to the rights and contentions of the petitioner. However, the petitioner is at liberty to raise all such contentions before the learned Appellate Court and the learned Appellate Judge may appreciate them and take appropriate decision according to law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 05.01.2026. UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3049/2025 Dated.05.01.2026 UPS