Hemanth Enterprises Vs the State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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WEDNESDAY ,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT - ’

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THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATApfejH I

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CRIMINAL PETITION NO: 9032 OF 2023

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Between:

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Hemanth Enterprises, Rep.by Tefanakula Subrahmanyam. S/o Subbayya, Aged 49 years, Occ: Business. R/o D.No.513-67/3, Thalavarthu vari Rice mill, Bhimavaram Now temporarily residing at l-Town. Vijayawada, Krishna District.

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AND

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...Petitioner/Respondent

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The State of Andhra Pradesh, Represented by Public Prosecutor, High Court of A.P., Amaravathi.

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... , ...Respondent

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1. M/s. Sankar Rice Mill, Rep. By its managing partner by name K.Tirupal, S/o. Chenchu Ramaiah, Aged about 60 years, R/o. Vinukonda, Guntur District A.P., Pncode-522 647.

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...Respondent/De-facto Complainant

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to set aside the impugned Docket Order in CrI.M.P.No. 2486 of 2023 in C.C.No.332/2016 dated 04-08-2023 on the file of the Judicial First Class Magistrate Cum Junior Civil Judge At Vinukonda, Guntur District dismissing the Petition filed U/s.70{2) of Cr.P.C. to recall the Non-baiiable Warrant issued against the Petitioner and restore Criminal M.P.No.2486 of 2023 on the file of the Judicial First Class Magistrate Cum Junior Civil Judge At Vinukonda Guntur District.

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I.A. NO: 1 OF 2023

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PetitionI under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court mav further proceedings of impugned Docket Order in Crl.M.P.No. 2486 of 2023 in C.C.No.332/2016: dated 04-08-2023 on the file of n- * Magistrate Cum Junior Civil Judge At Vinukonda, Guntur District dismissing the Petition filed U/s.70(2) of Cr.P.C, to recall the Non-bailable Warrant issued against the Petitioner.

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r- coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohan Nair Rajeev Kuniar, Advocate for the Petitioner and Sri Soora Venkata Sainadh the Special Public Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No.2 The Court made the following:

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I

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I I

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HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA

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CrI.P.No.9032 of 2023

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ORDER:

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Instant petition filed under Section 482 of the Criminal Procedure Code, 1973 (for short “Code”) has been filed by the petitioner/accused seeking quashment of the order in Crl.M.P.No.2486 of 2023 in C.C.332 of 2016 on the file of Junior Civil Judge Court at Vinukonda, wherein the petition filed under Section 70(2) of the Code was dismissed.

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Heard Sri Mohannair Rajeev Kumar, learned counsel for the petitioner and Sri Soora Venkata Sainadh, learned Special Assistant Public Prosecutor.

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Petitioner herein is facing trial for the offence punishable under Section 138 of Negotiable Instruments Act. It is not in dispute that before the trial Court, the matter is coming up for 313 Cr.P.C. examination of the petitioner. In absence of the petitioner, Court cannot proceed with the matter in the trial. The grievance of the petitioner is that there is no mandate under Section 70(2) of the Code to recall the warrant in absence of the petitioner.

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2

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4. Taking into consideration the grievance of the petitioner that his earlier counsel could not represent the matter in proper way though he was fell sick and since there was no representation, NBW has been issued against the petitioner, it Is apposite to direct the petitioner to appear before the Court on 24.11.2023 and file proper application under Section 70(2) of the Code. On filing such application, the learned Magistrate may pass appropriate orders on that day itself by taking appropriate security bond to secure his presence in the trial. 5. With this observation, this Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

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Sd/- K TATA RAO DEPUTY^EGISTBARr' //TRUE COPY// SEC^I&NOFFICER

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To. 1. The Judicial First Class Magistrate-Cum-Junior Civil Judge at Vinukonda, Guntur District.

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One CC to Sri. Mohan Nair Rajeev Kumar Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi[OUT]

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Three CD Copies

Stu vna

HIGH COURT

DATED:22/11/2023

ORDER

CRLP.No.9032 of 2023

OF ANDrt^
211 NOV 2023
* Current Section *
PAT C

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DISPOSING OF THE CRIMINAL PETITION 60^''^ \r

Hemanth Enterprises v. the State of Andhra Pradesh

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Hemanth Enterprises v. the State of Andhra Pradesh

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