Andhra Pradesh High Court - Amravati
Vella Satyanarayana vs M/S. Asmitha Microfin Limited ... on 14 October, 2020
oe [ 3240 ] (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI-- WEDNESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI,~ CRIMINAL PETITION NO: 267 OF 2020- Between: Vella Satyanarayana, S/o.V.Ramaswamy, aged about 48 years, R/o.D.No.13- 110-214, Ward No.13, Kummaraveedhi, Vizianagaram, Vizianagaram District. ... Petitioner/Accused__ AND 1. M/s. Asmitha Microfin Limited Vizianagaram Branch, Rep.by its Branch manager, Sri Trivenkata Varababu, S/o.Somaraju, R/o.Kotha Agraharam, Vizianagaram. Vizianagaram District. ... Respondent/Complainant__ 2. The State of Andhra Pradesh, Rep by its Public Prosecutor High Court Buildings, High Court of A.P. at Amaravathi. ... Respondent/Complainant -- Whereas the Petitioner/Accused above named through his Advocate Sri Sai Gangadhar Chamarty presented this Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the grounds filed the Criminal Petition, the High Court may be pleased to call for the entire records in C.C.No.318 of 2016 on the file of the Court of Judicial | Class Magistrate at Vizianagaram, and quash the same as abuse of process of law. ~ And Whereas the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri Sai Gangadhar Chamarty, Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this CRIMINAL PETITION should not be admitted. _-- You viz: M/s. Asmitha Microfin Limited Vizianagaram Branch, Rep.by its Branch manager, Sri Trivenkata Varababu, S/o.Somaraju, R/o.Kotha Agraharam, Vizianagaram. Vizianagaram District. -- are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this CRIMINAL PETITION should not be admitted, on or before 12-11-2020 on which date the case stands posted for hearing. oO IA NO: 1 OF 2020 co Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in C.C.No.318 of 2016 on the file of the Court of Judicial | Class Magistrate at Vizianagaram, Vizianagaram District, pending disposal of CRLP No. 267 of 2020, on the file of the High Court. ORDER:
"Learned Public Prosecutor takes notice on behalf of respondent No.2 and seeks time to get instructions.
Issue notice to respondent No.1 Learned counsel for the petitioner is permitted to take out personal notice on respondent No.1 by registered post with acknowledgement due and shall file proof of service within four weeks.
Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioner and learned Public Prosecutor for respondent No.2-state.
This petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.318 of 2016 on the file of learned Judicial Magistrate of First Class, Vizianagaram wherein the petitioner is charged for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'N.I. Act').
Learned counsel for the petitioner submits that the cheque was issued on behalf of the firm by name 'Vasu Furnitures, whereas no notice was issued in the name of the firm under Section 138 of N.I. Act. Learned counsel further submits that along with the complaint, respondent No.1 has filed an application to condone the delay of 170 days in presenting the complaint and the same was allowed without issuing notice to the petitioner.
In that view of the matter there shall be stay of all further proceedings in C.C.No.318 of 2016 on the file of learned Judicial Magistrate of First Class, Vizianagaram.
Post after four weeks." -- .
Sd/- M. RAMESH BABU ASSISTANT .REGISTRAR +5 IfTRUE COPY!/ For ASSISTANT R To
1. The Judicial | Class Magistrate at Vizianagaram.
2. M/s. Asmitha Microfin Limited Vizianagaram Branch, Rep.by its Branch manager, Sri Trivenkata Varababu, S/o.Somaraju, R/o.Kotha Agraharam, Vizianagaram.-- Vizianagaram District. (by RPAD- along with a copy of petition and memorandum of grounds) One CC to Sri.Sai Gangadhar Chamarty Advocate [OPUC] Two CC's to Public Prosecutor, High Court of AP, Amaravati[OUT] One spare copy a OR & PR oe er Po HIGH COURT LKJ DATED:14/10/2020 POST AFTER FOUR WEEKS.
NOTICE BEFORE ADMISSION CRLP.No.267 of 2020 STAY