::1:: APHC010465812026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7784 OF 2026 Between: 1. Duvvuri Ravi Kumar, S/o D. Venkata Reddy,aged about 68 years, Occupation BusinessR/o. 10-64, SFSMIG-107, Pothinamallaya palem Visakhapatnam - 530048, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court of A.P., Amaravati. 2. Hema Sree Chatarajupalli, W/o Malleswara Rao Proprietrix, M/s. Simhachalam Enterprises,Flat No.GF-3, Pavan Enclave, A.S. Raju Street,Mutyalampadu, Vijayawada, Krishna District,Andhra Pradesh. ...Respondents Petition under Section 437/438/439/482 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 Pleased to call for the records relating to and in connection with C.C.No.1933 of 2022 On the file of the Hon’ble III Additional Junior Civil Judge-cum-lll Additional Metropolitan Magistrate, Vijayawada, for the offence alleged U/s.138 ::2:: of the Negotiable Instruments Act, 1881 and consequently QUASH the same against the Petitioner herein/Accused and pass IA NO: 1 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 dispense with the filing of certified copies of the said Complaint in C.C.No.1933 of 2022 On the file of the Hon’ble III Additional Junior Civil Judge-cum-lll Additional Metropolitan Magistrate, Vijayawada and before this Hon’ble Court and pass 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 pleased to grant STAY of all further proceedings in C.C.No.1933 of 2022 On the file of the Hon’ble III Additional Junior Civil Judge-cum-lll Additional Metropolitan Magistrate, Vijayawada, for the offence alleged U/s.138 of the Negotiable Instruments Act, 1881, against the Petitioner herein and including the personal appearance of the Petitioner herein/Accused, pending disposal of the Quash Petition, in the interest of justice, and pass Counsel for the Petitioner: SATYA SREENIVASA RAO K Counsel for the Respondents: PUBLIC PROSECUTOR ::3:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7784 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 CC No.1933 of 2022 on the file of the III Additional Junior Civil Judge- cum-III Additional Metropolitan Magistrate, Vijayawada for the offences punishable under Section 138 of Negotiable Instrument Act, 1881. 2. Heard Sri Satya Sreenivasa Rao. K, learned counsel for the petitioner and Sri K. Sandeep, learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3. Learned counsel for petitioner submits that the petitioner is aged about 68 years and is a resident of Visakhapatnam. He further submits that the petitioner is required to undergo dialysis frequently and, therefore, his age and medical condition may kindly be taken into consideration. 4. During the course of arguments, learned counsel for the petitioner restricted his prayer to the extent of dispensing with the ::4:: personal appearance of petitioner herein in the C.C. proceedings before the trial Court. 5. On the other hand, the learned Assistant Public Prosecutor submits that there are specific allegations against the petitioner herein and as such, he opposed the prayer of the petitioner. 6. However, considering the submissions made by learned counsel for the petitioner, coupled with the fact that petitioner is undergoing dialysis frequently and after perusal of the entire material available on record, the presence of petitioner (Accused) before the III Additional Junior Civil Judge-cum-III Additional Metropolitan Magistrate, Vijayawada in CC No.1933 of 2022 is hereby dispensed with, except on those dates when the learned Judge feels that his presence is necessary. 7. Accordingly, the Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 07.09.2026 KRK ::5:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 39 CRIMINAL PETITION NO: 7784 of 2026 Date: 07.09.2026 KRK