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2025 Supreme(Online)(AP) 3703

HIGH COURT OF ANDHRA PRADESH
N. HARINATH, J
Sunstar Seed Pvt. Ltd. – Appellant
Versus
State of A.P. – Respondent


Advocates:
G V SRIRAMA MURTY, SIVAPRASAD REDDY VENATI, PUBLIC PROSECUTOR (AP)

The Court made the following Order:

The petition is filed seeking quashing of C.C. No. 717 of 2022 on the file of the I Additional Junior Civil Judge, Sathenapalli. The petitioners are arraigned as Accused Nos. 1 and 2 for the alleged offence under Section 138 of the Negotiable Instruments Act.

2. The learned counsel for the petitioners submits that the complaint is filed for the second time against the petitioners, and the first complaint, which was filed vide C.C. No. 213 of 2016 on the file of the I Additional Junior Civil Judge, Sathenapalli, was challenged by the petitioners by filing Crl.P. No. 14682 of 2016 on the ground that the complaint was filed in a premature manner without following the mandatory timelines as contemplated under Section 138 of the NI Act. This Court, considering the non-compliance with the provisions under Sections 138 and 142 of the NI Act, quashed C.C. No. 213 of 2016. However, liberty was granted to the complainant to file a fresh complaint. This Court further condoned the delay in filing the complaint on account of the pendency of Crl.P. No. 14682 of 2016.

3. It is submitted that the petitioners have now filed a fresh complaint against the respondents,

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