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Date of reserved for orders : 03.08.2026 Date of pronouncement : 25.08.2026 Date of uploading : 25.08.2026 APHC010314692026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE 25th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANSFER CRIMINAL PETITION NO: 61 OF 2026 Between:
1. Vedurupaka Upendra, , S/o Satyanarayana,Aged 27 Years, Occ BusinessR/o. H.No. 14-18, Eluru Road,Beside Kranthi Transport,Jangareddygudem Town and Mandal, Eluru District,Erstwhile West Godavari District - 534 447. ...Petitioner AND
1. The State of Andhra Pradesh, ,Rep. by its Public Prosecutor,High Court of Andhra Pradesh,Amaravati - 522 239.
2. G N Venkata Mohan Rao, , S/o Nagaiah,Aged 48 Years, Occ Business,R/o. H.No. 30/49-2, Girinath Center,Nandayal Town and Mandal, Nandayal District Erstwhile Kurnool District - 518 501. ...Respondents pleased to withdraw the case in C.C No. 515 of 2025 on the file of the Court of Hon’ble Judicial First Class Magistrate, Nandyal to Hon’ble PrI. Civil Judge (Junior Division)-cum-Judiciai Magistrate of First Class Court at Eluru or any other Magistrate’s Court in Eluru, West Godavari District, for trial and disposal in accordance with law and pass
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IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to order stay of all further proceedings in C.C No. 515 2025 pending on the file of the Court of Hon’ble Judicial First Class Magistrate, Nandyal pending disposal of the Transfer of criminal petition and pass Counsel for the Petitioner: THARIGOPULA SURYA CHAITANYA Counsel for the Respondents: V NITESH Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order:
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THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA Tr.Crl.P.No.61 of 2026
ORDER:
1. Accused in C.C.No.515 of 2025 on the file of the learned Judicial First Class Magistrate, Nandyal, prays for withdrawal and transfer of the said case from the learned Judicial First Class Magistrate, Nandyal to the learned Principal Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class, Eluru or any other Magistrate Court at Eluru, West Godavari District.
2. C.C.No.515 of 2025 is arising out of dishonor of a cheque dated 13.03.2025, said to have been issued by the accused towards the dues of the accused to the defacto complainant (respondent No.2 herein). Grounds submitted for transfer: 3(i). The petitioner / accused may not have a reasonable opportunity to
participate in the proceedings.
(ii). The complainant is the only witness and individual and is maintaining money-lending business without a licence.
(iii). The petitioner / accused has a threat perception. Objections of the defacto-complainant / respondent No.2: 4(i). The allegations of the petitioner are false.
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(ii). The cheque was presented at Nandyal for collection and collected at Nandyal, having jurisdiction to try the case as per section 142 (2) (a) of the N.I. Act, as amended by the N.I. (Amendment) Act, 2015.
(iii). Further, as per the Act, the case shall be tried by the Court within whose local jurisdiction the branch of the bank where the payee maintains the account is situated, which is the State Bank of India, Viswanagar, Nandyal Branch. The cheque was duly presented for collection to the said branch and the dishonor memo was issued by the said Bank. Therefore, the Court at Nandyal alone has jurisdiction to try C.C.No.515 of
2025. The transfer proceedings are aimed at delaying the legal proceedings and the relief prayed for transfer liable to be rejected.
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Arguments are submitted reiterating the respective contentions of the parties indicated above.
6. The learned counsel for the respondents invited the attention of this Court to the orders of coordinate Bench of this Court in Tr.C.M.P.89 of 2023, dated 29.01.2024, with regard to the transfer of a complaint instituted in terms of Section 138 of the N.I. Act, while referring to Nalini Jayanthi vs. M. Ramasubba Reddy1, wherein, considering the stage of the matter and nature of the case, the prayer for transfer was rejected.
7. Upon considering the facts and circumstances of the case, the statutory direction as to jurisdiction, the observations of the Hon’ble
1 2022 Live Law (SC) 880: 2022 Supreme (SC) 1683
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Supreme Court cited above and the nature of litigation between the parties, this Court finds that the prayer for transfer does not deserve positive
consideration. Consequently, the petition is liable to be dismissed
8. In the result, the Transfer Criminal Petition is dismissed.
9. Consequently, miscellaneous petitions, if any, shall stand closed. The Interim Order granted, if any, shall stand vacated.
____________________________ A. HARI HARANADHA SARMA, J Date: 25.08.2026 Knr
Whether the order is:
Speaking
Reasoned ✓ Reportable Non-reportable ✓
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1 HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA
Tr.Crl.P.No.61 of 2026 25th August, 2026
Knr
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