IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAN^
-c'
MONDAY, THE THIRTIETH DAY OF SEPTEMBER |fr
TWO THOUSAND AND TWENTY FOUR rrr
PRESENT
THE HON’BLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 6830 OF 2024
Between:
Pulleti Satyanarayana Swami, S/o Satyanarayana, age
about 44 years,
Occ- Proprietor, Sri Lakshmi Ganapathi Traders, R/o
D.No. 1-19, Road
No.3, Lakshmi Ganesh Nagar, Komaravaram Village, Tanuku
Mandal,
West Godavari District
...PETITIONER/ACCUSED
AND
1. Arunodaya Fertilizers and Pesticides, Prop. Velagala
Adinarayana
Reddy S/o Manikyala Reddy, Rep. by Manager-cum-GPA
Holder
Velagala Mahendra Reddy S/o Adinarayana Reddy, age
about 41
years, Occ- Business, R/o Penumantra Village and Mandal,
West
Godavari District.
2. The State of Andhra Pradesh, Rep. by its Public
Prosecutor, High Court
of Andhra Pradesh at Amaravathi.
...RESPONDENT/COMPLAINANTS
Petition under Section 528 of Bharatiya Nagarik Surakhsa
Sanhitha
(Old 482 Cr.P.C) praying that in the circumstances
stated in the
Memorandum of Grounds of Criminal Petition, the High
Court may be
pleased to call for the records and quash the docket
order dated 23-07-
2024, passed in Crl.M.P.No.2228 of 2024 in CC.No.714
of 2020, on the file
of the Special Magistrate, Tanuku, West Godavari District
I.A. NO: 2 OF 2024
^
Petition under Section 528 of Bharatiya Nagarik Surakhsa
Sanhitha
(Old 482 Cr.P.C) praying that in the circumstances
stated in the
Memorandum of Grounds of Criminal Petition
the High Court may be
pleased to stay all further proceedings in CC.No.714
of 2020, on the file of
Special Magistrate, Tanuku, West Godavari District
pending disposal of
the Quash Petition.
This Petition coming on for hearing, upon perusing
the Memorandum
of Grounds of Criminal Petition and upon hearing the
arguments of Sri K V
L NARASIMHA RAO, Advocate for the Petitioner and the
Public Prosecutor
on behalf of the Respondent No.1.
The Court made the following:
APHC010423032024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
MONDAY, THE THIRTIETH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 6830/2024
Between:
...PETITIONER/ACCUSED
Pulleti Satyanarayana Swami
AND
...RESPONDENT/COMPLAINANT(S)
Arunodaya Fertilizers And
Pesticides and Others
Counsel for the Petitioner/Accused:
1.KVLNARASIMHA RAO
Counsel for the Respondent/Complainant(S):
1.
The Court made the following:
ORDER:
The instant Criminal Petition under Section 482 of the Code of
Criminal Procedure, 1973 (in short “Cr.P.C.”) has been filed, by the
Petitioner/ZRespondent/Accused, seeking to quash the docket order
dated 23.07.2024 passed in Crl.M.P.No.2228 of 2024 in C.C.No.714 of
2020 on the file of the Special Magistrate, Tanuku, for the offences
;
punishable under Sections 138, 142 and 143/A of the Negotiable
Instruments Act.
2
/
2. Heard Sri K.V.L.Narasimha Rao, learned counsel for
the
Petitioner.
3. Sri C.Panini Somayaji, learned Assistant Public Prosecutor
takes notice on behalf of the State/Respondent No.2.
4. It is the grievance of the Petitioner that the impugned
order has
been passed without giving any specific reasons. A
perusal of the
impugned order and having heard both the learned counsel,
petition
which has been filed by the complainant to receive
the documents has
been allowed. The grievance of the Petitioner is that
they have filed a
counter by making specific objections, but those objections
were not
answered in the impugned order.
5. Considering the submissions made, it is apposite to
allow the
petition. Matter is remanded to the trial Court and
the learned trial
Judge is directed to hear the matter and dispose of
the case according
to law, by giving cogent reasons, as expeditiously
as possible.
6. With the above observations, the Criminal Petition
is allowed.
As a sequel thereto, miscellaneous petitions pending,
if any,
shall stand closed.
SD/- K.J. RAJA BABU
\
ASSISTANt REGISTRAR
//TRUE COPY//
CTION OFFICER
SE
To,
1. The Special Magistrate, Tanuku West Godavari District.
2. The State of Andhra Pradesh, Rep. by its Public
Prosecutor, High Court
of Andhra Pradesh at Amaravati.
3. One CC to SRI. K. V. L. NARASIMHA RAO, Advocate
[OPUC]
4. Three C.D.Copies
nm
HIGH COURT
/
DATED:30/09/2024
ORDER
CRLP.No.6830 of 2024
X 10 DEC 202‘i m
CD
^ . Current aection
^^esPATcy^^^
ALLOWING THE CRIMINAL PETITION