Andhra Pradesh High Court - Amravati
M/S.Novelty Reddy And Reddy ... vs State Of Andhra Pradesh on 2 March, 2022
(HOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA'
WEBNESDAY, THE SECOND DAY OF IRARCH, TWO TROUSAND ANDO TWENTY Twe
PRESENT:
THE HONOURABLE SRE JUSTICE &. RAMESH
CRIMINAL PETITION No, 2493 of 2024
Between ¢-
{ M/s. Novelty Reddy and Reddy Motors Pvt., Lid., Rep. by Hs Director and
Authorized Signatary, Goluge ay Sri Rama Reddy, S/o. Satyanarayana Reddy,
R/O.D.No2G-8-28,51 Shiridi Sal Apartment, Batusuragl, Svaracoeta,
Bhimaveram, Bhimavaram Town, W.G.O!strict. :
. Goluguri Sri Rarna Reddy, S/o. Saiyanarayana Reddy, Director and Authorized
Signatory, M/s, Novelty Reddy and Reddy Motors Pvt., Lid., Ryo. D.No.26-8-
28.51 Shirtd) Sal Apartinent, BalusiuTiud!, Sivaraopeta, BShimavaram,
Shimavaram Town, WG, District.
3. Goluguri Venkata: Reddy, S/o. satyartaray yang Reddy, Director, M/s. Novelty
Reddy and Raddy Motors Pvt, Lid., HIG-103-Al ' Housing Board Colony, Street
Na. ?, BRinavaram Town, West God avari DNstrict.
4. Goluguri Rama Krishna Reddy, 5/a. Satyangrayana Reddy, Directar M/s. Novelty
Reddy and Reddy Motars Pyt. Lidl, F-8, B/o.D.No.26-8-38.51 Shiridd Sat
Apartment, Balusurudi, Sivaraoepeta, Bhimavaram, Bhimavaram Town, WAG.
Pa
istrict.
3S. Goluguri Radha, W/o.Rama Krishre Reddy, Pee MA/s. Novelty Reddy and
Reddy Moters Pyt. Ltd., F-8, Rfa.d, No.26-8 8,81 Svvidi Sai Apartrnent,
Ralusumuchy, Sivaraopeta, Bhinavaram, Bhimavaram Fown, W.G, District.
Goluguri Lakshmi Parvathi, Wie, Venkata Reddy, Director, Ws. Novelty Reddy
and Reddy Motors Pvt. Ltd., HERG "102- Ad, Housing Board Cotany, Strest Mo?
Shimavaram Town, West Godavari i District.
Galuguri Veera Venkata Naga Satya Prabha, W/o.Sri Ram Reddy, Director M/s,
Novelty Reddy and Reddy Motors Pvt. Lid., F-8, R/o. B.No.26-8-28,S1 Shiriny Sai
Apartment, Balusumucdi, Sivarsopets, Shimavaram, Bhimavaram Town,
WG District.
o
ond
.. Petitioners / Accused Nos. 1 ta ?.
AND
1. The State of A.P., rep. by {ts Public Prosecutor, High Court Buildings,
Nelapadu, Amaravati.
2.Reddy Srinivas, 5/0. Suryachandra Rao, Ria, B.No. * Be tShT,
anchirajuvari Street, Tanuku, West ¢ sodavari & Nstri
" _Respondents/Complainants.
WHEREAS the Petitioners above named th rough their Advocate
M/s. Jami Madhayi, presented this Petition under Section 482 of Cr.P.C, praying that.
in ine circumstances stated in the Memorandurn of grounds filed in s uppore of the
Criminal Petitien, the High Court may be pleased to quash the pr oceedings in C.CLNe.
238 of 2020 on the fle of the court of 1 Adeiiticnal Juciicial Magistrate ay First Class
Fanuku.
AND WHEREAS the High Court upen perusing the petition and the
Memorandum of grounds filed herein and upon hearing the arguments of
M/s. Jam Machavi, Advocate for the Petitioners and of the Asst. Public Prosecuter on
behalf of respondent No.{/State, directed issue of notice to the Respondent No.2
herein ta show cause as to why this CRIMINAL PETITION should not be aditted.,
Coante..2.
&
You viz:
Reddy Srinivas, $/o. Suryachandra Rao, Ria. D.Na. 33-8-78/9,
Kanchirajuvari Street, Tanuku, West Godavari District.
is directed to show cause either appearing in person oF through an advacate as to why
in the circumstances set out in the petition and the grounds filed' therewith (copy
enclosed} this CRIMINAL PETITION should not be admithed with in faur (04) WEEKS.
LA DMo. 1 of 2022 :-
x
Petition under Section 482 of Cr.P.C. praying that in the Circumstances stated
an the memorandum of grounds filed herein, the High Court may be oleased fo stay of
all further proceedings In C.C.No. 238 of 2020 on the Mie ef the Court of 1 Additional
Judicial Magistrate of First class, Tanuku, sending disposal of Cri.P.Na. 2493 of 2027
on the file af the High Court.
The Court made the following ORDER :-
"Notice before admission.
Learned counsel for the petitioners is parmitied fo take aut personal notice
on the 2? respondent through RPAD and Hie oroof of service.
Learned counsel for the petitioners submitted that the cheque was returned
with an endorsement - "kindly contact drawer, drawee Bank and please present
again", Such endorsement would nat come under the Ingredients of Section 138
of Nl. Act, Section 138 of Nui. Act clearly discloses that where 8 cheque was
returned unpaid by Bank due to insufficient funds or that it exceeds the amount
arranged to be paid from that account by an agreamant made with that bank.
in the Instant case, the cheque has been returned only with an
endarsement to contact the drawer, drawee Bank and present again, Re does nat
constitute the offence under section 138 of N.i. Act and the same was alsa
interpreted by the Hon'ble apex court in yarious judgments, thereby prayed to
stay all further proceedings.
Considering the above submission and an oerusal of the material on recard,
there shall be stay of all further oroceedings in C.C.No. 238 af 2020 on the file of
the Court of 7°? Additional Judicial Magistrate of First Class, Tanulcu. ~
Rost afterfour Q4}weeks 7 0 0
| SDEKTATARAQ.
fATRUE COP YS f " DERUTY REGISTRAR
for SECTION OFFICER
To
4 The if Additional Judicial Magistrate f First Class, Tanuku, West Godavari District.
2? Reddy Srinivas, $/a. Suryschandra Rag, Réo. B.Na. 33-8-19/9,
Kanchirajuvari Street, Tanuku, Weat Godavari tNstriet,
(BY RPAD- along with a copy of petition and memorandum of grounds}
3 One CO to Ais. dam! Madhavi, Advocate [OPUC)
4 Two CC's ta the Public Prosecutor, High Court of AJP. (OUT)
5. One spare capy.
TRE
HIGH COURT
DR.J
OT.O2-03-20 22.
NOTICE BEFORE ADMISSION
CRL.P.No, 2499 of 2022.
ae
"as
ne
INTERIM STAY
