Authority: High Court of Andhra Pradesh, Amaravati (Special Original Jurisdiction)
Order Date: 27 July 2026
Case Overview
- Petitioners: G.V. Srinivasa Rao, General Manager, Indian Bank (age ~57) and L. Sambasiva Rao (age ~78); Respondents: State of Andhra Pradesh (Public Prosecutor) and two others.
- Petition filed under Section 482 Cr.P.C. and Section 528 of the BNSS seeking quash of criminal proceedings in C.C. No.808/2024 before the Principal Judicial Magistrate of First Class, Tirupati, which alleged offences under IPC sections 193, 196, 199, 200, 211, 120B, 384, 420, 421, 422, 465, 109 read with 34.
- Chronology: 2010‑2011 loan of Rs 50 lakhs, dishonoured cheque, complaint under Section 138 NI Act (S.T.C.No.441/2012 → S.T.C.No.83/2013); private complaint by petitioner’s wife under Sections 190, 200 (C.C.89/2013); transfer petition; civil suit O.S.No.456/2015; earlier quash of private complaint by this Court (30‑04‑2022); subsequent complaint by third respondent under Section 340 Cr.P.C. leading to C.C.808/2024.
- Petitioners argued lack of perjury because no oath‑bound statements, jurisdictional defects, and that allegations were false; relied on several Supreme Court precedents.
- Respondent (third respondent) contended that the complaint disclosed cognizable offences and was not frivolous.
Final Outcome
- Justice Subhendu Samanta held that the complaint prima facie disclosed cognizable offences, the case did not fall within the limited categories where Section 482/528 can be invoked, and therefore the petition is dismissed as devoid of merit.
- No order as to costs.
- Any pending miscellaneous applications, if any, are disposed of.
Topics: Criminal Procedure, Perjury, Court Order