(SHOW CAUSE NOTICE BEFORE ADMISSION) <

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MONDAY, THE SECOND DAY OF MAY

TWO THOUSAND AND TWENTY TWO

:PRESENT:

THE HONOURABLE SRI JUSTICE D RAMESH

CRIMINAL PETITION NO: 3396 OF 2022

Between:

Jangala Anil Kumar, S/o Jayachandra, Aged about 41 Years., Occ. Motor Vehicle Inspector, R/o. Macharla Town & Mandal, Guntur District.

....Petitioner/Accused

मन्यपेड

AND

• 1. The State of Andhra Pradesh, Rep by its Asst Public Prosecutor, Atmakur Police Station, Kurnool District.
• 2. Kethavath Goriya Naik, S/o Sankar Naik, Aged about 26 Years, Occ. Business, R/o Western Colony, Sundipenta, Srisailam Project, Kurnool District

...Respondent/De-facto Complainant

Whereas the Petitioner above named through his Advocate Sri Somisetty Ganesh Babu, presented this Criminal Petition filed under Section 482 of Cr.P.C. praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioner/Accused in CC No. 12 of 2021 on the file of the Junior Civil Judge, Atmakur, Kurnool District.

And Whereas the High Court upon perusing the Criminal petition and memorandum of grounds filed herein and upon hearing the arguments of Sri Somisetty Ganesh Babu, Advocate for the Petitioner, and of Public Prosecutor for the Respondent No.1, directed issue of notice to the Respondent No.2, herein to show cause as to why this CRIMINAL PETITION should not be admitted.

You viz:

Kethavath Goriya Naik, S/o Sankar Naik, Occ. Business, R/o Western Colony, Sundipenta, Srisailam Project, Kurnool 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 grounds filed therewith (copy enclosed) this CRIMINAL PETITION should not be admitted, post this Criminal Petition in 2^nd week of June, 2022.

IA NO: 2 OF 2022

Petition filed under Section 482 of Cr.P.C praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal petition, the High Court may be pleased to stay all further proceedings against the Petitioner/ Accused in CC No. 12 of 2021 on the file of the Junior Civil Judge, Atmakur; Kurnool District; pending disposal of CRLP No. 3396 of 2022, on the file of the High Court.

The Court made the following: ORDER:

Notice to the respondents.

Learned counsel for petitioner(s) is permitted to take out personal notice to the 2^nd respondent by registered post with acknowledgment due and file proof of service into the Registry

The contention of the petitioner is that on 4.8.2020, the petitioner gave an Application to Nagarjuna police of Guntur District with regard to missing of cheques bearing No.381824 and 381825, based on which, the police have investigated the matter and issued certificate on 22.8.2020 stating that no information is found with regard to the above two cheques. Subsequently, he made a police complaint on the same issue which was registered as FIR.No. 245 of 2020 on the file of Nagarjunasagar Police Station of Guntur District. While that being the matter, the petitioner received legal notice on 20.1.2021 under section 138 and 142 of Negotiable Instrument Act. The present complaint is made by the defacto complainant as a counter blast to the complaint made by the petitioner earlier.

Considering the submissions and on perusal of the material papers placed on record, there shall be stay of all further proceedings in C.C.No.12 of 2021 on the file of the Junior Civil Judge, Atmakur, Kurnool District for a period of 08 weeks.

Post this case in $2^{nd}$ week of June, 2022.

Sd/- K.RAJA BABU ASSISTANT REGISTRAR

To,

For ASSISTANT REGISTRAR

1. The Junior Civil Judge –cum-Judicial First Class Magistrate, Atmakur, Kurnool District.

//TRUE COPY//

• 2. The Station House Officer, Nagarjunasagar Police Station, Guntur District.
• 3. Kethavath Goriya Naik, S/o Sankar Naik, Occ. Business, R/o Western Colony, Sundipenta, Srisailam Project, Kurnool District (by RPAD- along with a copy of petition and memorandum of grounds)
• 4. One CC to Sri. Somisetty Ganesh Babu, Advocate [OPUC]
• 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
• 6. One spare copy

VD

HIGH COURT

DRJ

DATED: 02/05/2022

NOTE: POST THIS CASE IN 2^ND WEEK OF JUNE, 2022.

ORDER

NOTICE BEFORE ADMISSION

CRLP.No.3396 of 2022

STAY