In the Court of the Hon’ble

Junior Civil Judge - cum - Judicial Magistrate of First

Class of CHINTALAPUDI
(Matter under the Negotiable Instruments Act, 1881)

Crl.M.P. No. / 2023 in S.T.C. No. 34 / 2023

In the matter of :
1) M/s Arun Aqua Exports, Partnership Firm, bearing bearing identification number vide
GSTIN-37ABMFA4198E1Z6 & Importer-Exporter Code – ABMFA4198E, represented by its Managing
Partner – Tella Ravi Babu, with Office and Postal Address at Flat No.’F2’, 2 nd Floor, Bala Jyothi
Apartments, Juvvalapalem Road, Bhimavaram-2, Bhimavaram Mandal, West Godavari District, A.P. -
534202 & having its Shrimp Processing Plant at R.S.No.-243/3, D.No.. : 5-372, Seesali Village, Kalla
Mandal, West Godavari District, A.P. – 534237.

2) Tella Ravi Babu, bearing Aadhaar No. 803434288859, s/o- Tella Bhupathi Rao, aged 55
years, an adult, Indian inhabitant, HINDU, Male, Kamma by Caste, Prawns Exporter by Profession,
With Postal Address at D.No.2-1-26/2, BalaJyothi Apartments, #S4, 36th Ward, Juvvalapalem Road,
Bhimavaram, W.G.Dstrct – 534201. ☎96666665555, ✉ ravibabut@gmail.com

. . . PETITIONERS/ ACCUSED

Versus
Methukumelli Gopala Rao, bearing PAN - CVPPM5827H & Aadhaar - 714729438555, s/o -
Raghavulu, aged 47 years, an adult, Indian inhabitant, HINDU, Male, Yadava by Caste, he by profession is
into PisciCulture, r/o - H.No. : 6-38/C, Uttara Bazar, MakkinaVariGudem, T.Narasapuram Mandal, W.G.
District, A.P. – 534456. ☎ 9948593199

. . . RESPONDANT/ COMPLAINANT

Undertaking Affidavit filed by the above named 2nd

Accused
I, Tella Ravi Babu, having my true place of abode at the
aforementioned Address, the present 2nd Accused, do hereby state on solemn affirmation
in accordance with Law as follows and the facts which are necessary to be stated as a
prelude, in brief, are as follows :
 That I am the 2nd Accused in the accompanying Criminal
Miscellaneous Petition preferred seeking directions for dispensation with personal-
attendance under Section-205 of CrPC throughout the whole proceedings pertaining to
the Summary Trail Case at hand and am competent to file the present Application before
this Hon'ble Court and as such am well acquainted with the facts deposed to below and
hence competent to swear this affidavit.
 I, by virtue of this, swearing an affidavit, on which I'm making a statement
sincerely, confirming the circumstances, in support of the contemporaneous Petition,
setting out my case for my part and on the 1st Accused's behalf.
 Be it noted that the said STC was filed by the Complainant under Section-138 r/w
Section-142 of Negotiable Instruments Act, 1881 (the Act for brevity), and is listed
under the head “SUMMONS” and I was in receipt of the same and was directed to
appear before this Hon’ble Court and is posted for today..
AFFIANT :

 I say that the accompanying Petition has been drafted and filed by
my Counsel upon my instructions and contents of the same are true and correct.
 With all due respect I urge hereby that the constituents of the
accompanying Petition may be read as part and parcel of this Affidavit.
 A narration of facts to satisfy the Court of my real difficulties to be
physically present in Court are placed before this Hon’ble Court through the
accompanying Petition whither physical distance from Bhimavaram to Chintalapudi,
which by calculation is nearly 250 kms to-and-fro and health concerns of mine are the
most important factors.
 Indeed, my very own business is to deal with aqua food processing,
ought to refrigerate or freeze perishable aqua food items which have a short shelf-life to
slow or prevent bacteria growth and shield the freshness of the food for a longer period
and indispensably has to be cautious at work that which demands from me the timely and
efficient decision-making in-order to strive to thrive without incurring losses.
 I assurance that no prejudice would be caused to me, in any
manner, by dispensing with my personal presence during such questioning i.e.,
Examination under Section-251 and 313 and Trail and at any juncture.
 I undertake that I would not raise any grievance on that score at
any stage of the Case.
 At any stage of the proceeding, if I am required by the trial Court, I
will appear in person at any cost.
 I undertake to the satisfaction of the Court that I would not dispute
my identity as the particular Accused in the Case, and that a counsel on my behalf would
be present in this Hon’ble Court and that I have no objection in taking evidence in my
absence.
 Besides these undertakings, I accept any other condition imposed
by the Hon’ble learned Magistrate for smooth and expeditious Trial.
 I say that the 1st, 2nd, 3rd Annexures filed along with the
accompanying Application in which the 1st Annexure is the Original and remaining all
the Annexures are the Xerox copies.
 That I have been read over and explained the contents of the
accompanying Petition u/s – 205 of CrPC, and those of this Affidavit and have fully
understood the same.
 The Contents of the all the paras of the accompanying Petition and
those of all the paras of this Affidavit are true to my knowledge and a few paras of the
accompanying Petition are based on legal advice which I believe to be true.
 That no part of this Affidavit is false and nothing material has been
concealed. And me being the 2nd Accused in this Case and I have knowledge of the facts
and matters referred to by me except where indicated to be on information and belief and
where so stated I verily believe the same to be true.
  I solemnly affirm that the evidence which I shall give to the Court
touching the matters in question between me and the Complainant, shall be the truth, the
whole truth, and nothing but the truth.

AFFIANT :

 That I hereby undertake to comply with the duty to preserve and

maintain my rights and obligations pertaining to the Complainant’s Complaint filed
under Section-138 of NI Act and to the Motion moved by me under Section-205 of CrPC
and respond to correspondence, telephone calls and in general, cooperate with my
Councils through out the process.
 That this Affidavit is executed in order to attest to the truthfulness
of the foregoing narration of facts in compliance with the requirement of the CrPC as
basis for the approval of my Petition and for whatever legal intents and purposes it may
serve.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my

signatures this 25th day of July, 2023, at Chintalapudi.

Be pleased to consider,

Station: Bhimavaram,

Date : 25/07/2023. AFFIANT :

DECLARATION

a) I declare that I have made a full and accurate disclosure in this

Affidavit.
b) I undertake to inform this Court immediately with respect to
any material change in any employment, addresses, or any other information
included in this Affidavit.
c) I undertake that any false statement in this Affidavit, apart
from being contempt of Court, may also constitute on the offence under
Section-199 read with Section-191 and 193 of the Indian Penal Code,
1860(the Act for brevity) punishable with imprisonment upto seven years
and fine and Section-209 of the Act, punishable with imprisonment upto
two years and fine. I have read and understood Section-191 and 193 and 209
of the Act.
 Be pleased to consider,

Station: Chintalapudi,

Date : 25/07/2023. AFFIANT :

VERIFICATION :-
WHATEVER stated above is true and correct to the best of my knowledge
and belief, so I have signed hereunder at Chintalapudi on this 25 th day of
July, 2023. I do swear in the name of God that this is my name and
signature (or mark) and that the solemnly affirm contents of this my
Affidavit are true.
Be pleased to consider,
Station: Bhimavaram,

Date : 25/07/2023. AFFIANT :

SUBSCRIBED AND SWORN to before me this 25 th day of July, 2023, at

Chitalapudi, by the Affiant, who exhibited his competent evidence of identity
stated under his name and signature, who personally signed in my presence
the foregoing Petition u/s-205 of CrPC and acknowledge that he freely and
voluntarily did the same.

Be pleased to consider,
Station: Chintalapudi,
Date : 25/07/2023.

Advocate for the Accused

Solemnly affirmed before me and signed on this the 25th day of July,
2023 at Chintalapudi.
 Advocate
//Attesting Authority//