Smt.Allika Anuradha vs The State Of Andhra Pradesh
2023 Latest Caselaw 4421 AP

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATh.
THURSDAY, THE TWENTY FIRST DAY OF SEPTEMBER,
TWO THOUSAND AND TWENTY THREE
>PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL PETITION NO: 6972 OF 2023

Between:
Smt.Allika Anuradha, W/o R.Anil Kumar, Aged 50 yrs, Occ: Advocate, Réat Flat No.SF-
301, D.No.45-37-20, Sri Sai Krishna Nivas Apartment Jagannadhapuram,
Akkayyapalem, Visakhapatnam.
...Petitioner/Accused
AND

1. The State of Andhra Pradesh, Represented by its public prosecutor High Court at
Amaravathi.

2. Nekkanati Kiran Prakash, S/o (late) Suryanarayana REO, Aged major, D.No.50-
49-16/5 Flat No.302, D.No.50-49-16/5 , Flat No.302, Navya Soudha Apartments ,
near NRI Hospital Seethammadhara Visakhapatnam.13

.. Respondents/Complainant

Petition under Section 482 & 483 of Cr.P.C, praying that in the circumstances
stated in memorandum of grounds of Criminal Petition, the High Coust may be pleased to
pass an Order Seeking a Direction to the Court below ie., Ii} Additional Junior Civil
Judge, Visakhapatnam to take deposit or to receive the entire cheque amount plus what
ever costs efc., in pending case C.C. No. 226/2018 Ls 138 of N.I. Act irrespective of
complainant consent and to Close the Proceedings strictly by following the judgment of
the Honble Apex Court in a case M/S Meters and Instruments is Kanchan Mehta
dt.05.10.2017 as weil as this honble high court circulars in the interest of the justice.

IA NO: 2 OF 2023

Petition under Section 482 of Cr.P.C is filed praying that in the circumstances
Stated in the affidavit filed in support of the petition, the High Court may be
#e pleased to pass an Order to stay of all the further proceedings in C.C.No. 226/2018 on
the file of IN Additional Junior Civil Judge Visakhapatnam as against the
petitioner/Accused including appearance, pending disposal of CRLP.No.6972 of 2023, on
the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and memorandum
of grounds of criminal petition and upon hearing the arguments of Sri R.Siva Sai Swarup,
Advocate for the Petitioner and Public Prosecutor for the Respondent No.1, the Court
made the following;

ORDER:

"Learned Special Assistant Public Prosecutor takes notice on behalf of 1

Respondent and seeks time instructions. Issue notice to respondent No.2.

Learned counsel for the petitioners is permitted to take out personal notice to Respondent No.2 by Registered Post with Acknowledgment Due and file proof of service within a period of three (3) weeks.

The matter pertains under Section 138 of Negotiable Instruments Act. Pending the C.C.No.226 of 2018, the petitioner intends to clear entire cheque amount to the de-facto complainant. But the same has not been accepted by the de-facto complainant.

in view of the aforesaid circumstances, there shall be an interim stay of all

further proceedings for a period of eight (8) weeks.

A ' a

Post after six (6) weeks. Sd/- K. TATA RAO

DEPUTY REGISTRAR TRUE COPY! | f\ . SECTION OFFICER Fai Le EN To,

4. The Hl Additional Junior Civil Judge Visakhapatnam.

2. Nekkanati Kiran Prakash, S/o (late) Suryanarayana REO, D.No.50-49-16/5 Flat No.302, D.No.50-49-16/5 , Flat No.302, Navya Soudha Apariments , near NRI Hospital Seethammadhara Visakhapatnam.13 (by RPAD)

3. One CC to Sri. R.Siva Sai Swarup, Advocate [OPUC]

4. Two CCs to Public Prosecutor, High Court of AP [QUT]

5. One spare copy

MM

HIGH COURT

SRKJ

DATED:21/09/2023

NOTE: POST AFTER SIX (6) WEEKS

ORDER

CRLP.No.6972 of 2023

INTERIM STAY