Smt.C.Janaki

1 Fair judgment in O.S.11/22, dt.18.04.2023

IN THE COURT OF THE PRL. JUNIOR CIVIL JUDGE, KAKINADA

PRESENT:- Smt. C.Janaki VI Addl. Junior Civil Judge FAC/ Prl. Junior Civil Judge Tuesday, this the 18th day of April, 2023

O.S. 11 / 2022

Between: Bonagiri Suryanarayanamurthy, S/o Sarabayya, Hindu, age 36 years, Business, D.No.15-5-7, Reddyvari street, Mandapeta, Mandapeta mandal. ..Plaintif

And

Nalam Bhaskara Veeraju, S/o Sivaram Prasad, Hindu, age 38 years, Business, C/o M/S Sri Lakshim Vasavi Plywoods D.No.3-223/2, Church Opposite street, Cheediga village, Kakinada Rural mandal.

..Defendant

This suit is coming before me on 11.04.2023 for final hearing in the presence of Sri Kakara Venkateswara Rao, Advocate for plaintif and defendant remained ex-parte, and having been heard and stood over for consideration till this day this court deliver the following:

J U D G M E N T

1.The Suit is filed for recovery of the suit amount of

Rs.8,55,866/- with subsequent interest at 24% p.a., from the date of the suit till realization on principal amount of Rs.7,00,000/- and award costs of the suit.

2.The brief averments of the plaint are as follows:

The defendant approached the plaintif and borrowed an amount of Rs.7,00,000/- from the plaintif on 01.02.2021 from the plaintif for the purpose of his Business agreeing to repay the same with interest @ 24% p.a., on demand to the plaintif or his order. Inspite of repeated demands made by the plaintif, the defendant did not pay any amount to the plaintif. Hence the plaintif got issued a Registered legal notice dt.09.12.2021 to the defendant and the defendant did not receive the same and kept quite. Hence he filed the present suit.

3.The defendant remained ex-parte.

4.On behalf of plaintif, P.W.1 and P.W.2 examined and got marked Exs.A.1 to A.3 respectively.

2 Fair judgment in O.S.11/22, dt.18.04.2023

5.Heard plaintif. Perused the record.

6.The case of plaintif is that the defendant borrowed an amount of Rs.7,00,000/- from the plaintif on 01.02.2021 for the purpose of his necessities and executed a demand promissory note in favour of the plaintif agreeing to repay the same with interest @ 24% per annum and inspite of repeated demands, the defendant failed to repay the debt amount to the plaintif. The plaintif himself was examined as P.W.1 and reiterated the contents of plaint in his chief examination and got marked the suit promissory note as Ex.A.1. The chief affidavit of PW2 also collaborated the same of PW1.

7.The suit promissory note/Ex.A.1 reveals that the defendant borrowed an amount of Rs.7,00,000/- from the plaintif on 01.02.2021 for his Business necessities agreeing to repay it with interest @ 24% per annum either to plaintif or his order on demand. Further, the documents Ex.A.2 and Ex.A.3 are the office copy of Registered legal notice along with returned postal cover issued by the plaintif to the defendant. The defendant did not choose to contest the case of plaintif and he did not choose to dispute the evidence adduced by P.W.1 and P.W.2. Therefore, the ocular and documentary evidence of plaintif became undisputed and remained unchallenged. The evidence adduced by the P.W.1 and P.W.2 clearly shows that the defendant borrowed an amount of Rs.7,00,000/- from the plaintif and executed Ex.A.1 promissory note agreeing to repay it with interest @ 24% p.a.

Further the evidences of P.W.1 and P.W.2 coupled with Ex.A2 and

Ex.A.3 clearly shows that inspite of repeated demands of the plaintif, the defendant failed to discharge the debt of the plaintif.

8.Therefore, in view of the established and unchallenged evidence, it is held that the plaintif is entitled for the suit amount. Accordingly, the point is answered in favour of the plaintif.

3 Fair judgment in O.S.11/22, dt.18.04.2023

9.In the result, the suit is decreed with costs in favour of the plaintif and against the defendant for a sum of Rs.8,55,866/- together with interest @ 12% p.a., from the date of suit till the date of decree and thereafter at @ 6% p.a., from the date of decree to till the date of realization on principal amount of

Rs.7,00,000/-.

Typed to my dictation on computer, by my Personal Assistant, Corrected and pronounced by me in the Open court, this the 18 th day of April, 2023.

VI ADDL. JUNIOR CIVIL JUDGE

FAC/ PRL. JUNIOR CIVIL JUDGE

KAKINADA

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFF;FOR DEFENDANT:

P.W.1 : Bonagiri Suryanarayanamurthy NIL P.W.2 : Mamidipalli Ajay

DOCUMENTS MARKED

For Plaintiff:

Ex.A1/01.02.2021: Promissory note for Rs.7,00,000/- executed by the defendant in favour of plaintif.

Ex.A2/09.12.2021: Office copy of Legal notice.

Ex.A3/--: Returned Postal cover address to the defendant.

For Defendant:NIL

VI A.J.C.J.

FAC/ PJCJ 4 Decree in O.S.11/22, dt.18.04.2023

Suit presented on :06.01.2022 Suit filed on:06.01.2022

IN THE COURT OF THE PRL. JUNIOR CIVIL JUDGE, KAKINADA

PRESENT:- Smt. C.Janaki VI Addl. Junior Civil Judge FAC/ Prl. Junior Civil Judge Tuesday, this the 18th day of April, 2023

O.S. 11 / 2022

Between: Bonagiri Suryanarayanamurthy, S/o Sarabayya, Hindu, age 36 years, Business, D.No.15-5-7, Reddyvari street, Mandapeta, Mandapeta mandal. ..Plaintif

And

Nalam Bhaskara Veeraju, S/o Sivaram Prasad, Hindu, age 38 years, Business, C/o M/S Sri Lakshim Vasavi Plywoods D.No.3-223/2, Church Opposite street, Cheediga village, Kakinada Rural mandal. … Defendant

The Suit is filed for recovery of the suit amount of Rs.8,55,866/- with subsequent interest at 24% p.a., from the date of the suit till realization on principal amount of Rs.7,00,000/- and award costs of the suit.

Value of the suit:

Principal amount Rs.7,00,000-00

Interest from 01.02.2021 to dt.05.01.2022 at 24% p.a.,Rs.1,55,866-00 ---------------------- Total Rs.8,55,866-00 ---------------------- A Court fee of Rs.11,026/- is paid herewith under Sec.20, Sch.1, Art 1(c) of APCF and SV Act.

Cause of action for the suit arose on 01.02.2021 when the defendant borrowed the suit debt and executed the suit pronote and on 09.12.2021 when the plaintif got issued Regd. legal notice to the defendant and the defendant did not pay any amount to the plaintif and at Kakinada where the suit transaction took place, which is within the jurisdiction of this

Hon’ble Court.

The suit is coming before this court on 25-04-2022 for final hearing in the presence of Sri N.Mallikarjuna Rao, Advocate for the plaintif and defendant remained ex-parte and the matter having stood over till this day for consideration, this court DOTH ORDER AND DECREE as follows:

5 Decree in O.S.11/22, dt.18.04.2023

1) that the defendant do pay a sum of Rs.8,55,866/- to the plaintif with interest @ 12% p.a., from the date of the suit till the date of decree and thereafter at 6% p.a., from the date of decree till the date of realization on principal amount of Rs.7,00,000/-.

2) that the defendant do also pay a sum of Rs.33,713/- to the plaintif towards costs of the suit bearing his own costs of Rs.Nil.

Given under my hand and the seal of this court on this, the 18th day of April, 2023.

VI ADDL. JUNIOR CIVIL JUDGE,

PRL.JUNIOR CIVIL JUDGE,

KAKINADA.

Particulars of Costs

For Plaintiff For Defendant

Rs.Rs.

Stamp on Vakalat 2-00 Stamp on plaint 11,026-00No costs memo filed. Stamp on process 335-00 Advocate fee (Senior) 13,688-00 Advocate fee (Junior) 3,422-00 Writing charges 50-00 Typing charges 50-00 ----------------- Total : 33,713-00 -----------------

I A.J.C.J.

FAC/ PJCJ 6 Decree in O.S.11/22, dt.18.04.2023

1

IN THE COURT OF PRL.JUNIOR CIVIL JUDGE :: KAKINADA

Present: Smt C.Janaki, SPECIAL MOBILE JUDL.FIRST CLASS MAGISTRATE, [FAC] JUDICIAL MAGISTRATE OF FIRST CLASS, KAKINADA. Dated this the 13th day of April, 2023

P.R.C. 5 / 2022

Between

The State : Sub-Inspector of Police, Pedapudi P.S. (Cr.No.4/2021 of Pedapudi P.S.) . . . . . Complainant

And

1. Karri Ramireddy @ Ramesh, S/o Samudra Reddy, age 41 years, C/Reddy, D.No.10-21, Ramalayam veedhi, G.Mamidada village, Pedapudi mandal.

2. Gunde Pavan Kumar @ Pavan, S/o Chandra Babu, age 22 years, C/Boya, Arunodaya colony, Indira nagar, Anantapuram town.

3. Sandra Venkata Mahesh @ Venki @ Venkatesh @ Mukkolodu,S/o Srinivasulu, age 26 years, C/Balija, Jana Chaitanya colony, Anantapuram (T)

4. Vadde Vinodh Kumar @ Vinod, S/o Venkatesulu, age 29 years, C/Vaddilu, Maruvakomma colony, Anantapuram town.

5. Nese Sri Hari @ Hari, S/o Krishna, age 27 years, C/Devanga, Jana Chaitanya colony, Anantapuram town.

6. Kaamasula Anjaneyulu @ Anji, S/o Narasimhulu, age 24 years, C/Boya, Maruvakomma colony, Anantapuram town.

7. Shaik Sadhik Vali @ Sadhik, S/o Maadhar Valli, age 29 years, C/Muslim, Navodaya colony near Collector Office, Anantapuram town.

. . . Accused No.1 to 7

This case coming for hearing before me in the presence of learned Assistant Public Prosecutor for the state and of Sri D.NagababuAdvocate for Accused, and upon perusing the material available on record, and having stood over till this day for consideration, this court delivered the following :

O R D E R

1.The State, represented by Sub-Inspector of Police, Pedapudi P.S. has filed this case against the above accused in Cr.No.4/2021 of Pedapudi P.S., for the offence U/Sec.147, 148, 449, 302, 307, 383, 109, 120-B r/w 149 IPC.

2.Brief facts of the prosecution case is thaton 05.01.2021 at about 8.30 a.m while the wife of the deceased/Medapati Suryanarayana Reddy @ Suri @ Surya was present in the front yard of their house, the accused A3 to A7 entered into the compound of the house of the deceased with knives and

Iron rod by scaling over the compound wall. On seeing them due to fear

LW.1 who is the wife of the deceased rushed to their house and while trying to close the grill doors from inside the accused forcibly pushed her sprinkling chilly powder into her eyes, entered into the house by opening the grill door way forcibly, hacked the deceased indiscriminately with knives available in their hands by sprinkling chilly powder and by raising alaram as 2 “Champandra naa kodukuni”. The deceased received severe bleeding injuries on his throat, stomach, left jaw and right hand and fell down on the threshold of the bed room in a pool of blood with injuries. One of the accused hacked the LW.1 who is the wife of the deceased with a knife with an intent to kill her and caused injury to the back of the right palm and below the right thumb. The accused threatened the elder sister of the LW.1 when she came out from the bath room with dire consequences and the accused snatched away the gold Pustulathadu with Sathamanams Wg.about 8 sovereigns from the neck of the LW.1 and snatched away the gold pustulathradu with Sathamanams wg. about 3 sovereigns from the neck of the elder sister of the LW.1 by threatening them with knives. When the LW.1 raised alaram, the neighbours of the locality viz., Tamalampudi valalakshmi/LW.4 and some others rushed to the compound of the house of the deceased, the accused were absconded towards east through Banda

Rami Reddy street by threatening them with knives and by sprinkling chilly powder. A1 dropped the A2 to A7 at the out skirts of Narasapurapupeta on the road leading to Ramachandrapuram on Mahendra TUV 300 Car bearing

No.AP-05-EA-0656 and gave an amount of Rs.2,50,000/-. LW.6 who is the cousin of the deceased was shifted the deceased and LW.1 to the C.H.C,

Pedapudi.

3.Basing on the report given by LW.1, Cr.No.4/2021 U/Sec.324, 341 IPC was registered by LW.40/T.Kranthi Kumar, S.I of Police, Pedapudi P.S on 05.01.2021 at 11-30 p.m and LW.41/A.Murali Krishna, S.I of Police, Pedapudi

P.S visited the scene of offence and prepared rough sketch of the scene of offence and took up investigation in this case. LW.41 arrested the accused

A2 to A7 on 24.01.2021 at 8-00 a.m., in the presence of Lws.31& 32 and after the accused A1 arrested on 12.07.2021 at 6-00 p.m and got recorded their confessional statements in the presence of Lws 27 and 30. LW.41 seized the empty liqour, beer, water, Soda bottle etc., Iron rod, knife along with blood stained ‘T’ shirt and Pant at the instance of A1 to A7 in the presence of Lws 31 and 32 under the cover of mediators. Hence the charge sheet.

4.This Court has taken cognizance for the offence punishable,

U/Secs.147, 148, 449, 302, 307, 383, 109, 120-B r/w 149 IPC against the accused/A.1 to A.7.

5.The offence punishable, U/Secs.147, 148, 449, 302, 307, 383, 109, 120-B r/w 149 IPC against the accused/A.1 to A.7 in Cr.No.4/2021 of

Pedapudi Police Station is exclusively triable by the Court of Sessions,

Sessions Division, Rajamahendravaram. Therefore, it is a fit case for

3 committal to the Court of Sessions, Sessions Division, Rajamahendravaram

U/Sec.209(a) of Cr.P.C.

6.On receipt of summons, Accused/A.1 to A.7 appeared before this court on 16.03.2023 and copies furnished to them. Accused/A.1 to A.7 filed solvencies on 13.04.2023 and the same are accepted.

7.Office is directed to submit the case record, documents and material objects, if any to the Court of Sessions, East Godavari District,

Rajamahendravaram as provided U/Sec.209(c) of Cr.P.C.

8.Accused/A.1 to A.7 are directed to appear before the Sessions Court on receipt of summons from the Court. Binded over accused and their sureties.

9.The committal of this case shall be notified to the Public Prosecutor,

East Godavari District, Rajamahendravaram under section 209(d) Cr.P.C.

10.The case is committed to the Court of Sessions, E.G.District at

Rajahmundry as per Section 209(a) Criminal Procedure Code. The Public

Prosecutor, E.G.District at Rajahmundry is notified to the commitment of the case to the Court of Sessions as per Section 209(d) Criminal Procedure

Code. The Office is hereby directed to submit the entire record to the

Hon’ble District Court, East Godavari, Rajahmundry after duly indexed.

Typed to my dictation corrected and pronounced by me in the open court this the 13 th day of April, 2023.

Sd/- C.Janaki

VI ADDL.J.F.C.MAGISTRATE

FAC TO PRL.JUNIOR CIVIL JUDGE,

CUM-J.F.C.MAGISTRATE,

KAKINADA

4

1 Fair copy in O.S.751/2021 Dt.03.04.2023

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE: KAKINADA

PRESENT: SMT. C.JANAKI,

VI ADDL. JUNIOR CIVIL JUDGE FAC PRINCIPAL JUNIOR CIVIL JUDGE

KAKINADA

MONDAY, THE 3rd DAY OF APRIL, 2023

O.S.NO.751/2021

Between:-

Polireddy Satyanarayana, S/o. NookaRaju, age 60 years, Hindu, Retired Employee, R/o. D.No.41-1-40, Budampeta, kakinada.

… Plaintiff

And

Vemavarapu Prasad, S/o Appalasuri, age 50 years, Hindu, Employee, R/o. Near Mourya Hospital, Ganapathi Apartments, Flat No.41, Mandtripragadavari Street, Kakinada. … Defendant

The suit is coming before this court on 23.3.2023 for final hearing in the presence of Sri Koka Venkata Krishna Rao, Advocate for the plaintiff and defendant remained ex-parte and the matter having stood over for consideration till this day, this court delivered the following:

J U D G M E N T

1.The Suit is filed for recovery of the suit amount of

Rs.3,43,591/- with subsequent interest at 24% p.a., from the date of the suit till realization and award costs of the suit.

2.The brief averments of the plaint are as follows:

The defendant has borrowed an amount of Rs.2,00,000/- from the plaintiff on 12.08.2018 agreeing to repay the same with interest @ 24% p.a., and he executed a demand promissory note in favour of plaintiff either to the plaintiff or to his order on demand. In spite of repeated demands made by the plaintiff, the defendant has issued a cheque for Rs.2,00,000/- on 21.02.2021 infavour of the plaintiff as part payment, the cheque was bounced and the plaintiff filed

C.C.No.908/2021 on the file of IV Addl. Judl I Class Magistrate Court, 2 Fair copy in O.S.751/2021 Dt.03.04.2023

Kakinada and the same is pending, the original pronote is filed in the said C.C. and the defendant did not made any payment and he defendant failed to discharge the debt due under the promissory note.

Hence the plaintiff filed the present suit.

3.The defendant remained ex-parte.

4.On behalf of plaintiff, P.W.1 examined and got marked

Exs.A.1 and A2 respectively.

5.Heard plaintiff. Perused the record.

6.The case of plaintiff is that the defendant borrowed an amount of Rs.2,00,000/- from the plaintiff on 12.08.2018 for his family expenses and he executed a demand promissory note in favour of the plaintiff agreeing to repay the same with interest @ 24% per annum and in spite of repeated demands, the defendant failed to repay the debt amount to the plaintiff. Inspite of repeated demands made by the plaintiff, the defendant has issued a cheque for Rs.2,00,000/- on 21-02- 2021 in favour of plaintiff as part payment, the cheque was bounced, he filed C.C.No.908/2021 on the file of IV Addl. Judl. First Class

Magistrate Court, Kakinada and the same is pending, the original

pronote is filed in the said C.C. The plaintiff himself was examined as

P.W.1 and reiterated the contents of plaint in his chief examination and got marked the suit promissory note as in Ex.A.1 and office copy of complaint in CC No.908/2021 on the file of IV A.J.C.M., Kakinada in

Ex.A.2.

7.The recitals of suit promissory note/Ex.A.1 reveals that the defendant borrowed an amount of Rs.2,00,000/- from the plaintiff on 12.08.2018 for his family expenses, agreeing to repay it with interest @ 24% per annum either to plaintiff or his order on demand. Further, the document Ex.A.2 is office copy of complaint in CC No.908/2021 on the file of IV A.J.C.M., Kakinada, and it shows that the plaintiff filed complaint against the defendant basing on the cheque issued by the defendant subsequent to the suit pronote/Ex.A.1. The defendant did not choose to contest the case of plaintiff and he did not choose to dispute the evidence adduced by P.W.1. Therefore, the ocular and documentary evidence of plaintiff became undisputed and remained unchallenged.

The evidence adduced by the P.W.1 clearly shows that the defendant borrowed an amount of Rs.2,00,000/- from the plaintiff and executed

Ex.A.1 promissory note agreeing to repay it with interest @ 24% p.a.

Further the evidence of P.W.1 coupled with Ex.A.2 clearly shows that in 3 Fair copy in O.S.751/2021 Dt.03.04.2023 spite of repeated demands of the plaintiff, the defendant has issued a cheque for Rs.2,00,000/- on 21-02-2021 in favour of the plaintiff as part payment and the same was bounced. Hence he filed C.C.No.908/2021 on the file of IV Addl. J.F.C.Magistrate Court, Kakinada and the same is pending and the defendant failed to discharge the debt of the plaintiff.

8.Therefore, in view of the established and unchallenged evidence, it is held that the plaintiff is entitled for the suit amount.

Accordingly, the point is answered in favour of the plaintiff.

9.In the result, the suit is decreed with costs in favour of the plaintiff and against the defendant for a sum of Rs.3,43,591/- together with interest @ 12% p.a., from the date of suit till the date of decree and thereafter at @ 6% p.a., from the date of decree to till the date of realization on principal amount of Rs.2,00,000/-.

Typed to my dictation, corrected and pronounced by me in the open court, this the 3rd day of April, 2023.

VI ADDL. JUNIOR CIVIL JUDGE

FAC PRINCIPAL JUNIOR CIVIL JUDGE,

KAKINADA.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFF:FOR DEFENDANT:

P.W.1: Polireddy Satyanarayana --None--

DOCUMENTS MARKED

FOR PLAINTIFF:

Ex.A.1: Original Promissory note executed by the defendant in favour of plaintiff dt.12-08-2018 Ex.A.2: Office copy of complaint C.C.No.908/201 on the file of IV A.J.C.M., Kakinada.

FOR DEFENDANT: -NIL-

VI AJCJ,

FAC PJCJ,

KKD.

IN THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE CUM JUDICIAL MAGISTRATE OF

FIRST CLASS :: KAKINADA

PRESENT : Smt. Leela Shyam Sundari

Principal Junior Civil Judge cum Judicial Magistrate of First Class, Kakinada

Wednesday, the 12th day of April, 2023.

E.P.No.35 of 2013

Between:

surampudi sreenivas, cultivation,dafedar center,Ramachandrapuram, ….Petitioner/D.H.R

And

Anasuri Dasaradha, D.No.1-152,v.valasapakau,karapa,kakinada …Respondent/J.D.R

This petition is coming before me for final hearing in the presence of Sri B.S.R, Advocate for petitioner/DHR and and as the matter having stood upon for consideration till this day, this Court delivered the following:

O R D E R

F.S memo filed, F.S record. E.P terminated.

Pronounced by me in the open court, on this the 12th day of April, 2023.

Prl. Junior Civil Judge cum

Judicial Magistrate of First Class

Kakinada.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

No oral or documentary evidence is adduced on either side.

PJCJ cum JFCM, Kakinada.

.

In the Court of :Principal Junior Civil Judge,Kakinada

Case No. :CC/0000054/2021 Achanta Subbarao Vs Boppana Venkateswararao

Date : 19-04-2023

Business: Complainant is present and the complainant filed petition U/Sec.257 Cr.P.C stating that the matter was settled out of the Court as per the advice of the elders. Hence complaint is closed as withdrawn. The accused is acquittal U/Sec.257 Cr.P.C Nature of : WITHDRAWN Disposal Disposal Date: 19-04-2023

Sd/- k.madhu swamy

Principal Junior Civil Judge,Kakinada