Smt. Namala Jyothi

1/ 8 DVC.No.24 of 2021

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE CUM

JUDICIAL MAGISTRATE OF I CLASS : NIDADAVOLE.

Present: Smt. N. JYOTHI, I Additional Junior Civil Judge cum-I Addl. Judl.

Magistrate of First Class, Nidadavole.

Tuesday, the 12th day of April, 2022

D.V.C.No.24 of 2021

Between:

Shaik Shamma, W/o Imran, D/o Shaik Ahmad Vali, aged 22 years, muslim, female, housewife, R/o Pala Chowdary’s house, Nehru nagar, near Arts college, Rajahmundry, East Godavari District, presently residing at D.No.13-284, Masid street, Chagallu village and Mandal, West Godavari District. … Petitioner/aggrieved person And :

1.Shaik Imran, S/o late Subani, aged 25 years, muslim, male, electrical works- LED Board, R/o Pala Chowdary’s house, Nehru nagar, near Arts college, Rajahmundry, East Godavari District.

2.Shaik Halima, W/o late Subhani, aged 47 years, muslim, female, housewife, R/o Pala Chowdary’s house, Nehru nagar, near Arts college, Rajahmundry.

3.Shaik Riaz Ahamad, S/o late Subhani, aged 28 years, muslim, male, private employee, R/o Pala Chowdary’s house, Nehru nagar, Near Arts college, Rajahmundry. …Respondents

This petition is coming on 01.04.2022 for final hearing before me in the presence of Sri S. Kasivisweswara Rao, Advocate for the petitioners and respondents 1 to 3 are set exparte and having stood over for consideration till this day, the court delivered the following:

:: O R D E R ::

This petition is filed by the petitioner under Section 12 of the Protection of

Women from Domestic Violence Act, 2005 against the respondents 1 to 3 and prays to grant Protection Order under Section 18, Residence Order under Section 19, Monetary reliefs under Section 20 and compensation under Section 22 of D.V. Act.

2. The averments of the petition, in brief, are as follows.

The petitioner is the legally wedded wife of the respondent No.1. Their marriage was solemnized on 06.05.2015 at the house of petitioner’s maternal grandmother, Rajahmundry as per Muslim caste customs in the presence of elders of 2/ 8 DVC.No.24 of 2021 both parties. At the time of marriage, the parents of the petitioner gave Rs.1,00,000/- to the respondents towards dowry, two sovereigns of gold presented to petitioner.

Thereafter, the petitioner joined respondent No.1 at his house along with paraphernalia worth of Rs.1,50,000/-. The marriage is duly consummated. During their wedlock, they blessed with two children.

3. The respondent and his family members used to harass petitioner from inception of the marriage. They intensified their harassment towards petitioner as she gave birth to female child by name Shaik Sana Kausar/2nd petitioner 06.06.2016.

Respondent used to abuse the petitioner in filthy language and humiliate the 1st petitioner. The respondent always abuses the petitioner without any reason. While the matter stood thus, on the eve of Bakrid festival, the petitioner and respondent No.1 went to the house of petitioner on the invitation of her parents. At that time, petitioner stayed two or more days there. Thereafter, on 10.09.2016 the respondent

No.1 got influenced by the words of his mother, he beat the petitioner mercilessly, when she come to her in law’s house. The respondent is always suspecting the fidelity of petitioner.

4. while the matter stood thus, the respondent No.1 punching the face of petitioner and hit her head against wall during her pregnancy at the instigation of his mother. He also bite her hands as a result of which, she sustained injuries and she was admitted in the hospital. For which, she gave report to Woman P.S,

Rajahmundry. With the intervention of the elders, she again joined the respondent to lead conjugal life with colorful dreams. However, there is no change in the attitude of the respondent and resumed the harassment. Respondent is a boozer. As the petitioner questioned the attitude of the respondent, the respondent tried to take away her life, he made attempts to commit murder her in two occasions, ie on one occasion the respondent forcibly gave sleeping pills and another occasion the 3/ 8 DVC.No.24 of 2021 respondent beat the petitioner on her head with a bottle, for which she admitted in the hospital and took treatment in “Veeranchi Emergency hospital, Rajahmundry” as in patient for three days for each incident/attempt. The medical expenses of both incidents were born out by her parents. Since the two incidents have happened and the respondent No.1 tried in two occasions to end her life, the petitioner has been living at her parent’s house, Chagallu. Having not satisfied about his cruel acts, respondent No.1 resumed his harassment towards petitioner by making phone calls and threatened her with dire-consequences. At last, she gave report to Chagallu PS.

However, the police did not take action against the respondents.

5. Furthermore, the petitioner contended that the respondent has landed properties ie. Movable and immovable properties and he is doing electrical work relating to LED board and getting income of Rs.30,000/- per month. The respondent has no obligation to maintain his family members and he has responsibility to maintain all the petitioners. As the petitioners have no sufficient means and they are neglected by the respondent. Thus she was constrained to file, this petition for their maintenance.

6. The notices of respondents refused. Hence, the service of notice held sufficient. Hence, respondents 1 to 3 are set exparte.

7. On behalf of petitioner, the petitioner is examined as P.W.1 and in support of her contention affidavit of assets and liabilities is also filed. No documents were marked.

8. Heard the learned counsel for the petitioner and perused the material on record.

9. Now the points for consideration are :

1. Whether the petitioner is entitled for the reliefs prayed for ?

4/ 8 DVC.No.24 of 2021

10. POINT:

On behalf of petitioner, the petitioner is examined as P.W.1 and in support of her contention affidavit of assets and liabilities is also filed. The 1st petitioner is the legally wedded wife of the respondent and 2nd and 3rd petitioners are their children.

Their marriage was solemnized on 06.05.2015 at the house of petitioners maternal grandmother, at Rajahmundry as per Muslim caste customs and in the presence of elders of both parties. The parents of the petitioner gave Rs.1,00,000/- to the respondent towards dowry, two sovereigns of gold presented to 1st petitioner at the time of marriage. Thereafter, the petitioner joined respondent at his house along with paraphernalia worth of Rs.1,50,000/-. The marriage is duly consummated. During their wedlock, they blessed with two children i.e. 2nd and 3rd petitioners.

11. The evidence of P.W.1 who is the 1st petitioner is a replica of her petition in her chief-examination. The marriage between the 1st petitioner and respondent and birth of 2nd and 3rd petitioners during their wedlock are not disputed as the evidence of PW1 is unchallenged. Evidently they have been living separately since 2016. So the relationship of 1st petitioner with the respondents 1 to 3 is relationship with nature of marriage. Now it is to be establish that such relationship is domestic relationship. I feel it is appropriate to remind Section 2 (f) of the Act defines Domestic relationship.

As per the said provision, domestic relationship means a relationship between two persons who live or have, at any point of time lived together in a shared house hold.

When they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

12. PW1 has shown the address of shared house as Nehru Nagar,

Rajahmundry, East Godavari District. Her petition with ocular evidence shows that she resided with the respondents till 2nd child is born and sometime after she gave birth to the 3rd petitioner i.e. after 2018. In such circumstances it can be held that there 5/ 8 DVC.No.24 of 2021 is a domestic relationship between the petitioner and respondents as they lived in the shared house for considerable period i.e. more than four years.

13.1) Now it has to be seen that whether there is domestic violence. Section 3 of the Act defines Domestic Violence, which includes physical abuse, sexual abuse, verbal abuse, emotional abuse and economic abuse meted out by the agreed person in the hands of respondents. The case of the petitioner is that since the inception of the marriage, the respondent No.1 and his family members started harassing her both physically and mentally on one pretext or other, used to beat her and 1st respondent also tried in two occasions to get rid of her life by making attempts to commit murder.

For which, she received bleeding injuries, for which she was admitted in a hospital for two incidents. It is also her case that the respondent No.1 used to harass her physically and mentally in a drunken state and he also threatened her to kill her by making phone calls when she is at her parent’s home. PW1 got mentioned the same in

Ex.P1/complaint and filed her chief-affidavit reiterating the same. In support of her evidence she also filed affidavits of assets and liabilities.

13.2) It is further case of the petitioner is that the medical expenses of two incidents were born out by her parents. Due to the cruel and in human acts of the respondent No.1 and his family members while she was carried pregnancy and for two times, she meted out lot of mental agony. PW1 also stated about the treatment undergone by her for injuries received by her in the hands of the respondents when 1st respondent beat her head against the wall. It appears that PW1 proves her contention though she did not filed documentary evidence. The unchallenged evidence of PW1 shows that she was harassed by the respondent and his family members both physically and mentally.

14.1) One of the reliefs i.e. claimed by the petitioner is to direct the 1st the respondent to provide maintenance Rs.15,000/- per month to her, as she is unable to 6/ 8 DVC.No.24 of 2021 maintain herself though the respondent having sufficient means, he and her children were neglecting her. In grant of maintenance, mode of living, the age and class of the life of the parties has to be regarded and maintenance being such that the wife could live in a reasonable comfort, considering status and mode of living which she was used to live while living with her husband.

14.2) Therefore, keeping in view of the maintenance already granted to the petitioner in the M.C. petition, earning capacity of the respondent as stated by the petitioner and the age of the petitioner, this court inclined to grant Rs.2,000/- to the petitioner towards maintenance from the date of this order, payable by the respondent No.1 on or before 10th day of every succeeding month.

15. The another relief sought by the petitioner is to directing the respondents to secure same levels of alternative accommodation are pay rent for the same at

Rs.5,000/- per month. It is to be noted that wife is entitled to separate residence by providing alternative accommodation if by reason of the husband’s and his family member’s conduct or by his refusal to maintain her in his own place of residence or for other just cause she is compelled to live apart from him. In the present case, the unchallenged evidence of PW1 shows that the petitioner meted out harassment in the hands of the respondent. Hence, the 1st respondent is directed to provide alternative accommodation or pay rent for the same Rs.5,000/- per month to petitioner.

16. The another relief i.e. claimed by the petitioner is to direct the respondents to pay Rs.5,00,000/- towards compensation. It was held supra, the respondents subjected PW1 to domestic violence. However, there is no evidence on record as to the physical injuries, she received and also no documents of her treatment were filed

before the court to show that on what basis, she has claimed such huge amounts.

Therefore, keeping in view of earning capacity of the respondent No.1, mental agony suffered by her, this court is inclined to grant Rs.1,00,000/- towards compensation to 7/ 8 DVC.No.24 of 2021 the petitioner payable by the 1st respondent within six months from the date of this order. Accordingly, this point is answered.

17. Coming to the Protection Order, PW1 states in her evidence that since the respondent made attempts to end her life, she has been living at her parents’ home.

However, the respondents continued their harassment towards the petitioner by making phone calls and threatening her with dire-consequences. It show that she has afraid of their acts. Hence, the respondents are prohibited from any farm of communication to the petitioner. Further, they are directed to stay away from the petitioner and other persons of the aggrieved person/petitioner to prohibit violence against them. Accordingly, point is answered.

18. The another relief sought by the petitioner is to direct the respondents to provide Rs.9,000/- per month towards medical expenses. PW1 has not stated about the ailments with which she is suffering. No scrap of paper is filed by her before the court showing her ailments. It is not stated by PW1 as to what basis claiming

Rs.9,000/- per month. In the absence of any evidence, in this regard, this court is of opinion that petitioner is not entitled for such relief.

19. In view of the findings discussed above, this court is of opinion that the petition is to be allowed in part. Accordingly, point is answered.

20. In the result, the petition is partly allowed and the following reliefs are hereby granted in favor of the petitioner.

i). The protection Order under Section 18 of DVC is granted, infavor of the petitioner, thereby respondents are prohibited from any farm of communication to the petitioner. Further, they are directed to stay away from the petitioner and other persons of the aggrieved person/petitioner to prohibit violence against them.

8/ 8 DVC.No.24 of 2021 ii). A residence order under Section 19 of the Act is granted in favour of the petitioner, thereby the 1st respondent is directed to provide alternative accommodation or pay rent for the same Rs.5,000/- per month to petitioner.

iii). A monetary relief under Section 20 (d) is granted in favour of the petitioner, thereby the 1st respondent is directed to pay Rs.2,000/- to the petitioner towards maintenance from the date of this order, payable by the respondent No.1 on or before 10th day of every succeeding month.

iv). The petition in respect of grant of compensation is partly allowed and the respondent No.1 is directed to pay an amount of Rs.1,00,000/- to the petitioner towards compensation within six months from the date of this order.

v). The other reliefs of the petition is hereby dismissed.

21. The office is directed to serve the copy of the order to both parties at free of cost as per Section 24 of the Act.

Typed to my dictation, corrected and pronounced by me in the open court this the 12 th day of April, 2022.

Sd/- N.JYOTHI

I Additional Junior Civil Judge-cum-I

Additional Judicial Magistrate of I

Class, Nidadavole.

Appendix of evidence

Witnesses examined

For petitioner: Respondents:

P.W.1: Shaik Shamma - None -

Exhibits marked on behalf of the petitioner :

Nil.

Exhibits marked on behalf of respondents: Nil.

Id/- N.J.

IAJCJ-CUM-IAJFCM,

NDD

1/ 6

M.C.No.39 of 2021

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE CUM

JUDICIAL MAGISTRATE OF I CLASS : NIDADAVOLE.

Present: Smt. N. JYOTHI, I Additional Junior Civil Judge cum- I Addl. Judl. Magistrate of First Class, Nidadavole.

Monday, the 11th day of April, 2022

M.C.No.39 of 2021

Between:

1.Shaik Shamm, W/o Imran, D/o Shaik Ahmad Vali, aged 22 years, muslim, female, housewife, R/o Pala Chowdary’s house, Nehru nagar, near Arts college, Rajahmundry, East Godavari District, presently residing at D.No.13- 284, Masid street, Chagallu village and Mandal, West Godavari District.

2.Shaik Sana Kasusar, D/o Shaik Imran, aged 5 years, muslim, female, minor, R/o Pala Chowdary’s house, Nehru nagar, near Arts college, Rajahmundry, East Godavari District, presently residing at D.No.13-284, Masid street, Chagallu village and Mandal, West Godavari District.

3.Shaik Subani, S/o Shaik Imran, aged 3 years, muslim, male, minor, R/o Pala Chowdary’s house, Nehru nagar, near Arts college, Rajahmundry, East Godavari District, presently residing at D.No.13-284, Masid street, Chagallu village and Mandal, West Godavari District.

(The 2 nd and 3 rd petitioners are being minors rep. by their next friend i.e. mother, 1 st petitioner). … Petitioners And :

1.Shaik Imran, S/o late Subani, aged 25 years, muslim, male, electrical works- LED Board, R/o Pala Chowdary’s house, Nehru nagar, near Arts college, Rajahmundry, East Godavari District. …Respondent

This petition is coming on 01.04.2022 for final hearing before me in the presence of Sri S. Kasivisweswara Rao, Advocate for the petitioners and respondent is set exparte and having stood over for consideration till this day, the court delivered the following:

:: O R D E R ::

This petition is filed by the petitioners under Section 125 Cr.P.C., seeking monthly maintenance of Rs.5,000/- to the 1st petitioner and Rs.5,000/- to the 2nd and 3rd petitioners each per month from the respondent.

2. The averments of the petition, in brief, are as follows.

The 1st petitioner is the legally wedded wife of the 1st respondent and 2nd and 3rd petitioners are their children. Their marriage was solemnized on 06.05.2015 at the 2/ 6

M.C.No.39 of 2021

house of petitioner’s maternal grandmother, Rajahmundry as per Muslim caste customs and in the presence of elders of both parties. At the time of marriage, the parents of the petitioner gave Rs.1,00,000/- to the respondent towards dowry, two sovereigns of gold presented to 1st petitioner. Thereafter, the petitioner joined respondent at his house along with paraphernalia worth of Rs.1,50,000/-. The marriage is duly consumated. During their wedlock, they blessed with two children i.e. 2nd and 3rd petitioners.

3. The respondent and his family members used to harass 1st petitioner from inception of the marriage. They intensified their harassment towards 1st petitioner as she gave birth to female child by name Shaik Sana Kausar/2nd petitioner on 06.06.2016. Respondent used to abuse the 1st petitioner in filthy language and humiliate the 1st petitioner. The respondent always abuses the 1st petitioner. While the matter stood thus, on the eve of Bakrid festival, the 1st petitioner and respondent went to the house of 1st petitioner on the invitation of her parents. At that time, 1st petitioner stayed two or more days there. Thereafter, on 10.09.2016 the respondent got influenced by the words of his mother, he beat the 1st petitioner mercilessly. The respondent is always suspecting the fidelity of 1st petitioner.

4.The respondent punching on the face of 1st petitioner and hit her head against wall during her pregnancy at the instigation of his mother. He also bite her hands as a result of which, she sustained injuries and she was admitted in the hospital. For which, she gave report to Woman P.S, Rajahmahendravaram. With the intervention of the elders, she again joined with the respondent to lead conjugal life with colourful dreams. However, there is no change in the attitude of the respondent and resumed the harassment. Respondent is a boozer. As the petitioner questioned the attitude of the respondent, the respondent tried to take away her life, he made attempts to commit murder her on two occasions for which on one occasion, respondent forcibly 3/ 6

M.C.No.39 of 2021

gave sleeping pills to 1st petitioner and another occasion is the respondent beat the 1st petitioner on her head with a bottle, for which she admitted in the hospital and took treatment in Veeranchi Emergency hospital, Rajahmundry as in patient for three days for each attempt/ incident. The medical expenses of both incidents were born out by her parents. Since the two incidents have happened and the respondent tried in two occasions to end her life, the 1st petitioner has been living at her parent’s house,

Chagallu. Having not satisfied about his cruel acts, respondent resumed his harassment towards 1st petitioner by making phone calls and threatened her with dire-consequences. At last, she gave report to Chagallu PS. However, the police did not take action against the respondent.

5. Furthermore the 1st petitioner contended that the respondent has landed properties ie. Movable and immovable properties and he is doing electrical work relating to LED board and getting income of Rs.30,000/- per month. The respondent has no obligation to maintain his family members and he has responsibility to maintain all the petitioners. As the petitioners have no sufficient means and they are neglected by him. Thus, she was constrained to file this petition for their maintenance.

6. The respondent did not make his appearance before the court inspite of receipt of summons and giving opportunities for his appearance by the court. Hence, he was set exparte.

7. On behalf of petitioners, the 1st petitioner is examined as P.W.1 and in support of her contention, affidavit of assets and liabilities is also filed. No documents were marked.

8. Heard the learned counsel for the petitioner and perused the material on record.

9. Now the points for consideration is :

1. Whether the petitioners 1 to 3 are entitled to maintenance as prayed for?

4/ 6

M.C.No.39 of 2021

10. POINT: The 1st petitioner is the legally wedded wife of the respondent and 2nd and 3rd petitioners are their children. Their marriage was solemnized on 06.05.2015 at the house of petitioners maternal grandmother, at Rajahmundry as per

Muslim caste customs and in the presence of elders of both parties. The parents of the petitioner gave Rs.1,00,000/- to the respondent towards dowry, two sovereigns of gold presented to 1st petitioner at the time of marriage. Thereafter, the petitioner joined respondent at his house along with paraphernalia worth of Rs.1,50,000/-. The marriage is duly consummated. During their wedlock, they blessed with two children i.e. 2nd and 3rd petitioners. The marriage between the 1st petitioner and respondent and birth of 2nd and 3rd petitioners during their wedlock are not challenged. Evidently 1st petitioner along with 2nd and 3rd petitioners separately.

11. The evidence of P.W.1, who is the 1st petitioner, is a replica of her petition in her chief-examination. Petitioner stated in her chief-examination that Petitioners 2 and 3 are her children and this petition is filed on behalf of herself and 2nd and 3rd petitioners. Respondent is her husband, who is no other than her brother in law by relation. They both like each other as such their elders performed their marriage. Since the marriage, respondent used to harass her. Thereafter, they blessed with one female child during their wedlock. Since then the respondent intensified his harassment. On the eve of Bakrid festival, 1st petitioner and respondent visited her parent’s house on their parent’s invitation. Two days stayed there and PW1 returned to her in laws home. Even then also the respondent harassed her and beat her in a drunken state.

The respondent always used to suspect her fidelity and also while she was carrying 2nd pregnancy. The respondent used to beat her in a drunken state and demanded her to serve food to respondent’s friends. Her mother in law carrying tales against her to the respondent saying that she made the respondent to run around her by giving medicine (mandu) to the respondent. The respondent used to beat her saying that 2nd 5/ 6

M.C.No.39 of 2021

pregnancy is not belongs to him and he cut the hands of PW1 with knife and hit head of PW1 against the wall. As such, she gave report before Woman police. Thereafter, the respondent came to PW1 and promised her to look after her well if she withdrawn all the cases filed against the respondent. Having believed the same, PW1 joined the respondent. Even then also, there is no change in the attitude of the respondent.

12. While the matter stood thus, the respondent tried to take away her life and made her to take sleeping pills (tablets). At that time, her younger brother came to her home after she made a phone call. Her younger brother shifted PW1 to Government

Hospital, Rajahmundry wherein, she was given treatment. Three days after, she has joined in the hospital, she gained conscious. Her parents informed about all the facts to her in laws. On that her in laws replied that they would warned their son.

Thereafter, again PW1 joined the respondent to lead conjugal life with hope. Even then also there is no change in the attitude of the respondent and he beat PW1 with glass bottle against her head and also he put scare (vaatha) on her back side.

Thereafter, she was shifted to Veeranchi Hospital, Rajahmundry, wherein she was given treatment for three days. Thereafter she gained conscious. Her parents are doing coolie works inspite that they spent hospital expenses for two times. Thereafter her parents took her to their home with apprehension that the respondent would kill her. Even after also the respondent made phone calls and threatened her with dire- consequences. PW1 unable to do work and she is suffering with headache. At present

PW1 and petitioners 2 and 3 (her children) also depending on her parents.

13. The respondent doing LED board work and getting income Rs.30,000/- per month. Hence, she prays the honourable court to grant maintenance Rs.5,000/- to her and petitioners 2 and 3rd.

14. As stated supra, in spite of receipt of notice, the respondent did not oppose the claim of petitioner by filing the counter. Therefore, the evidence of PW1 remained 6/ 6

M.C.No.39 of 2021

unchallenged. Her evidence coupled with affidavit would proves that she and her children have no capacity to maintain themselves. Her evidence is remained unrebutted. Thus, I hold that the petitioner proves that she and her children were neglected by respondent and due to harassment of the respondent she has to forcibly residing at her parent’s house. Further, her evidence show that she has no capacity to maintain her and 2nd and 3rd petitioners but the respondent earns Rs.30,000/- per month. Thus, the petitioner is entitled to relief sought for. Accordingly, this point is answered in favour of petitioners and against the respondent.

15. In the result, this petition is allowed and respondent is hereby directed to pay a sum of Rs.3,000/- to the petitioners 1 to 3 each towards their maintenance, from the date of the order. The respondent shall pay the maintenance on or before 5th every succeeding month.

Typed to my dictation, corrected and pronounced by me in the open court this the 11 th day of April, 2022.

Sd/- N. Jyothi

I Additional Junior Civil Judge-cum- I Additional Judicial Magistrate of I Class, Nidadavole.

Appendix of evidence

Witnesses examined

For petitioners: Respondent:

P.W.1: Shaik Shamma - None -

Exhibits marked on behalf of the petitioners :

Nil.

Exhibits marked on behalf of respondent: Nil.

Id/- N.J.

IAJCJ-CUM-IAJFCM,

NDD

Page 1 of 3 OS 109 of 2021

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE-CUM-I

ADDITIONAL JUDICIAL MAGISTRATE OF I CLASS, NIDADAVOLE

Present: - Smt. N. Jyothi, I Additional Jr.Civil Judge-cum- I Additional Judicial Magistrate of I Class, Nidadavole

Wednesday, this the 13th day of April, 2022

O.S.No.109 of 2021

Canara Bank, Nidadavole branch, represented by it’s Chief Manager, Nidadavole, Nidadavole mandal, West Godavari District.

... Plaintiff

-Versus-

1. Koppineedi Satya Sai Pavan, S/o Srinivasa Rao, aged 23 years, Hindu, male, resident of D.No.13/11/14/A12, Lawyers colony, Kovvur, Kovvur Mandal.

2. Koppineedi Srinivasa Rao, S/o Govardhan, aged 51 years, Hindu, male, resident of D.No.13/11/14/A12, Lawyers colony, Kovvur, Kovvur mandal.

…Defendants

This suit is coming on 04.04.2022 for final hearing before me in the presence of Sri. K.S.N.Murthy, Advocate for the plaintiff and defendants remained ex parte and upon perusing the record and having stood over for consideration till this day, this Court delivered the following:

:: J U D G M E N T ::

This is a suit filed for recovery of money, basing on the loan amount and interest due by the defendants to the plaintiff Bank.

2. The averments of the plaint, in brief, are as follows. The 1st defendant and his father Srinivasa Rao jointly obtained Educational loan for an amount of

Rs.3,50,000/-(Rupess: Three lakhs and fifty thousand only) for the studies of 1st defendant from the plaintiff bank agreeing to repay the amount with interest at 10.40% per annum with monthly rests subject to variation of rate of interest from time to time in 72 monthly installments after the commencement of the repayment out of 124 months of loan liability. The 1st defendant and his father jointly executed the agreement for term loan for Canara Bank Education Scheme on 19.09.2015. At the time of sanction of education loan to the 1st defendant is

Page 2 of 3 OS 109 of 2021 minor, as such he is represented by his father. Koppineedi Srinivasa Rao, who is natural guardian to his minor son. The repayment would commence six months after the course period of 48 months commencing from 2015 (or) after one year from the date of the student getting the job whichever is earlier. Thereby 1st defendant and his father abide by the agreed terms of the agreements educational loan executed by them. Thereafter, the 1st defendant and his father executed revival letters, dated 30.03.2021. Later, in spite of repeated demands and issuance of legal notice on 08.04.2021, defendants failed to repay the loan amount. Hence, the plaintiff’s bank is constrained to file this suit.

3. After receipt of summons, the defendants having entered their appearance but failed to file written statement. Thus they were remained exparte.

4. On behalf of the plaintiff, P.W.1 is examined and Exs.A1 to A6 are marked.

5. Heard the learned counsel for the plaintiff and perused the material on record.

6. Now the point for consideration is :

Whether the plaintiff is entitled for recovery of suit amount from

the defendants as prayed for?

7. POINT: Plaintiff states that the defendants availed loan of Rs.3,50,000/- from it, the defendants failed to repay the same in spite of repeated demands.

Hence, this suit.

8. The Branch Manager of the plaintiff bank is examined as P.W.1. He has reiterated the contents of the plaint in his chief-examination. On perusal of his oral evidence coupled with Ex.A1 shows about the 1st and 2nd defendants applying and availed of educational loan of Rs.3,50,000/- from the plaintiff Bank and agreed to repay the same together with interest, as agreed by them. As seen from Exs.A2 and A3, the defendants acknowledged the debt. As seen from

Ex.A4, the plaintiff bank issued legal notice to defendants 1 and 2. The evidence

Page 3 of 3 OS 109 of 2021 of P.W.1 and Ex.A5 and A6 further shows about the defendants’ failure to repay the loan amount. Thus, the evidence of P.W.1 coupled with Exs.A1 to A6 proves the claim of the plaintiff. Hence, plaintiff is entitled for recovery of the suit amount from the defendants, as prayed for. Accordingly, this point is answered in favour of the plaintiff and against the defendants.

9. In the result, the suit is decreed with costs against the defendants jointly and severally for an amount of Rs.4,47,824/- together with interest at 10.40% p.a.

from the date of the suit, till the date of the decree, and at 6% p.a. from the date of the decree till the date of the realization on the principal amount of

Rs.3,50,000/-.

Typed to my dictation, corrected and pronounced by me in the open court this the 13 th day of April, 2022.

Sd/- N. JYOTHI

I Additional Junior Civil Judge-cum- I Additional Judicial Magistrate of I Class, Nidadavole.

Appendix of evidence Witnesses examined

For Plaintiff: Defendants:

P.W.1: K.Siva Raju, Chief Manager, - None- Canara Bank, Nidadavole.

Exhibits marked on behalf of the plaintiff :

Ex.A1 : The original of agreement of Educational loan executed by 1st defendant and 2nd defendant (father), dated 19.09.2015.

Ex.A2 : Original revival letter executed by 1st defendant, dated 30.03.2021.

Ex.A3 : Original revival letter executed by 2nd defendant, dated 30.03.2021.

Ex.A4 : Office copy of legal notice, dated 08.04.2021.

Ex.A5 : The true copy of account copy of term loan, dated 13.08.2021.

Ex.A6: Originals of postal acknowledgment and refused postal cover, dated 09.04.2022.

Exhibits marked on behalf of defendants: Nil.

Id/- N.J.

IAJCJ-CUM-IAJFCM,

NDD.

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE cum I ADDITIONAL JUDICIAL

MAGISTRATE OF FIRST CLASS: NIDADAVOLE

Present: Smt.N. Jyothi

I Additional Junior Civil Judge cum

I Additional Judicial Magistrate of First Class,

Nidadavole.

Tuesday, the 12 th day of the April, 2022

CC.No.264/2016

Between:-

Sri Pusuluri Rama Krishna, S/o Tatalu, Aged 62 years, Hindu, male, retired employee, Madduru village, Kovvur mandal.

..Complainant

AND

Sri Duddupudi Balaji, S/o Venkata Ratnam, S/o Venkata Ratnam, Hindu, male, D.No.1- 165, Dammennu village, Undrajavaram mandal, West Godavari District.

.. Accused

This case is coming on 12.04.2022 before me for hearing in the presence of Sri M.S.R. Prasad and Sri M. Ravi Kumar, advocates for complainant and Sri V. Lakshmana Rao, advocate for accused and the matter having stood over for consideration till this day, this Court delivered the following:

J U D G M E N T

The complainant filed complaint against the accused under Section 138 of Negotiable Instruments Act.

Accused is called present. Complainant and his counsel present and filed petition Under Section.257 Cr.P.C., seeking permission of this court to withdraw the case against the accused on the grounds mentioned in the petition.

Heard the party in person and his counsel. Therefore, in view of the circumstances mentioned in the petition permission is accorded to the complainant, to withdraw the case and consequently, the court dismissed the complaint as withdrawn under Section 257 Cr.P.C. Resultantly, accused is acquitted for the offence under Section 138 of NI Act.

Pronounced by me in the open court, on this 12th day of April, 2022.

Sd/- N. JYOTHI

I Additional Junior Civil Judge cum

I Additional Judicial Magistrate of I Class

Nidadavole

:: APPENDIX OF EVIDENCE ::

For complainant : For accused:

PW1: Pusuluri Rama Krishna -None- //2//

Documents marked

For Complainant:

Ex.P1 : Original cheque bearing No.063666, dated 22.02.2016

Ex.P2 : Original cheque return memo, dated 05.03.2016.

Ex.P3: Office copy of legal notice, dated 14.03.2016.

Ex.P4: Postal acknowledgment.

For accused: - Nil

Id/- N.J. I AJCJ cum I AJMFC Nidadavole

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE cum I ADDITIONAL JUDICIAL

MAGISTRATE OF FIRST CLASS: NIDADAVOLE

Present: Smt.N. Jyothi

I Additional Junior Civil Judge cum

I Additional Judicial Magistrate of First Class,

Nidadavole.

Wednesday, the 13 th day of the April, 2022

CC.No.52/2021

Between:-

Gottumukkala Rama Raju, S/o Subbaraju, aged 49 years, male, Hindu, Business, R/o D.No.1-109, Marampalli village, Tadepalligudem rural mandal, West Godavari District.

..Complainant

AND

Sri Katta Dora Babu @ Chandu, S/o Venkata rao, aged 29 years, Hindu, male, business, R/o D.No.15-108, Main road, Meenanagaram, H/o Chagallu village and Chagallu mandal.

.. Accused

This case is coming on 13.04.2022 before me for hearing in the presence of Sri Md. Mehaboob, advocate for complainant and Sri S. Kavivisweswara Rao, advocate for accused and the matter having stood over for consideration till this day, this Court delivered the following:

J U D G M E N T

The complainant filed complaint against the accused under Section 138 of Negotiable

Instruments Act.

Both parties are called present. Complainant and his counsel filed petition Under Section.257 Cr.P.C., seeking permission of this court to withdraw the case against the accused on the grounds mentioned in the petition.

Heard the party in person and his counsel. Therefore, in view of the circumstances mentioned in the petition permission is accorded to the complainant, to withdraw the case and consequently, the court dismissed the complaint as withdrawn under Section 257 Cr.P.C. Resultantly, accused is acquitted for the offence under Section 138 of NI Act.

Pronounced by me in the open court, on this 13th day of April, 2022.

Sd/- N. Jyothi

I Additional Junior Civil Judge cum

I Additional Judicial Magistrate of I Class

Nidadavole

:: APPENDIX OF EVIDENCE ::

-NIL-

Id/- N.J. I AJCJ cum I AJMFC Nidadavole