APHC010324012024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 594/2024 Between:

Siriginidi Bhimasankar Rao ...APELLANT AND State Of Andhra Pradesh and Others ...RESPODENT(S)

Counsel for the Apellant:

1. M BALANAGA SRINIVAS Counsel for the Respodent(S):

1. G VENKATA SUBBA RAJU

2. PUBLIC PROSECUTOR The Court made the following:

JUDGMENT :

Impugning the Judgment dated 12.04.2024 in S.T.C.No.101 of 2023 passed by the learned II Additional Judicial Magistrate of First Class at Kakinada, the present Criminal Appeal is filed.

2. Heard Sri M.Balanagu Srinivas, learned Counsel for the appellant/complainant and Sri G.Venkata Subba Raju, learned Counsel for the respondent/accused. Ms. K.Priyanka Lakshmi, learned Public Prosecutor on behalf of the State is in attendance.

3. Learned Counsel for the appellant would submit that the appellant herein preferred a private complaint for the offence under Section 138 of Section 138 of Negotiable Instruments Act against the respondent/accused which was dismissed for non prosecution and consequently, the accused was acquitted. Learned Counsel for the appellant would submit that on the given date, the matter is coming up for trial. A petition has been filed on behalf of the appellant/complainant to condone his absence since he is suffering from Viral Fever and ill health. It was dismissed and consequently the complaint was also dismissed.

4. Learned Counsel for the respondent/accused would submit that the Court may pass appropriate orders on terms.

5. Considering the submissions made and a fair look at the impugned Judgment passed by the learned Trial Judge in S.T.C.No. 101 of 2023, the complainant as well as the accused were absent on several occasions for the reasons best known to both the parties. The enquiry has not yet commenced since it is a Summary Trial Case. It is not the case that the complainant failed to pursue his case since a petition has been filed on the given date stating that he was suffering from Fever and that was believed by the learned Judge. Ultimately, dismissed the complaint. As can be seen from the record, the complainant is aged about 66 years. The subject cheque is worth of Rs.2,00,000/-(Rupees Two Lakhs Only). Under these circumstances, it is apposite to allow the appeal by remanding the matter to the Trial Court for fresh disposal according to law.

6. In the result, the Criminal Appeal is allowed. The matter is remanded to the Trial Court for fresh disposal of the case according to law on payment of costs of Rs.2,000/- (Rupees Two thousand only) to the other side. Learned Counsel of both parties are present before this Court, they are requested to direct their respective parties to appear before the Trial Court on 05.05.2025 without fail. The appellant is also directed to pursue the matter without fail. Learned Judge is directed to dispose of the matter without granting any further adjournment in a casual way. The impugned Order is set aside.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

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Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 25.04.2025 Note: CC today, B/o. UPS

09 HON’BLE Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.A.No.594 of 2024 Dt.25.04.2025 Note: CC today, B/o. UPS