H.A.Parwatikar vs Sannapareddy Ramachandra Reddy, on 21 December, 2024

Andhra Pradesh High Court – Amravati

H.A.Parwatikar vs Sannapareddy Ramachandra Reddy, on 21 December, 2024

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APHC010432932022
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                          [3396]
                          (Special Original Jurisdiction)

          SATURDAY ,THE TWENTY FIRST DAY OF DECEMBER
                TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

 THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

                    CRIMINAL PETITION NO: 6485/2022

Between:

H.a.parwatikar                                     ...PETITIONER/ACCUSED

                                     AND

Sannapareddy Ramachandra Reddy             ...RESPONDENT/COMPLAINANT(S)
and Others

Counsel for the Petitioner/accused:

   1. K MOHAN RAMI REDDY

Counsel for the Respondent/complainant(S):

   1. INAKOLLU VENKATESWARLU

   2. PUBLIC PROSECUTOR (AP)

The Court made the following:


ORDER:

The instant Criminal Petition is filed under Section 482 of the Code of

Criminal Procedure, 1973, by the Petitioner/Accused, against the order

passed in Crl.R.P.No.17 of 2021 dated 07.02.2022 on the file of VIII Additional

District & Sessions Judge, Ongole, Prakasam District in confirming the order

passed in Crl.M.P.No.17 of 2021, in C.C.No.06 of 2016 dated 01.04.2021 on
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the file of Judicial Magistrate of First Class, Kanigiri by allowing the

Crl.M.P.No.17 of 2021, in C.C.No.06 of 2016.

2. Heard Sri Rohit S. Patil, learned counsel representing Sri K.Mohan

Rami Redddy, learned counsel for the petitioner and the learned Assistant

Public Prosecutor on behalf of the State is in attendance. Learned counsel for

the respondent No.1 is in attendance.

3. Learned counsel for the petitioner would submit that the petitioner

herein is facing trial in C.C.No.06 of 2016 on the file of Judicial Magistrate of

First Class, Kanigiri, wherein the petitioner/accused filed Crl.M.P.no.3949 of

2017 under Section 293 of Cr.P.C r/w 45 of Indian Evidence Act to send the

pro-note and the subject cheque to the Expert for comparison of the

signatures and also look into the altercations as alleged by the petitioner. The

said petition was allowed. Learned counsel would further submit that the

report received from the expert would show that the signature of the petitioner

on the subject cheque is traced one. But the report is silent about the material

altercations as alleged by the petitioner since letter addressed to the Expert

from the court does not reveal the said direction. Learned counsel would

further submit that they have filed Crl.M.P.No.17 of 2021 for implementation of

orders passed in Crl.M.P.No.3949 of 2017. That was rejected by the court

observing that the present petition is pending before the Hon’ble High Court.

4. Considering the submissions made, in the interest of justice, this

petition is disposed of. However, the petitioner can work out his remedies
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before the Trial Court and the learned Trial Judge may pass appropriate

orders according to law.

Pending applications, if any, shall stands closed.

______________________________________
JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 21.12.2024
UPS
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HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA

Crl.P.No.6485 of 2024

Dt.21.12.2024

UPS