APHC010003072026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 88/2026 Between:

1. G OGANA JAWAHAR BABU, S/O. SURYANARAYANA, AGED ABOUT

60 YEARSR/O. RISHI NILAYAM, RAMACHANDRA NAGAR,TIRUPATI, TIRUPATI DISTRICT, A.P.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI.

2. P ATHELLA HANUMAYAMMA, W/O. PATHELLA BALA KOTAIAH, AGED ABOUT 60 YEARS,R/O. D.NO.11-57, CHALLAVARIPALEM VILLAGE,NALLAPADU, GUNTUR, GUNTUR DISTRICT, A.P.

...RESPONDENT(S):

Revision filed under Section 397/401 of Cr.P.C., praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to allow the Revision Petition by setting aside the order passed by the Hon'ble Judicial Magistrate of First Class, Special Mobile Court, Guntur, Guntur District in CrI.M.P. No. 2851 of 2025 in C.C. No. 1980 of 2024 dated 27.11 .2025 and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the representation delay of 12 days in representing the CrI.R.C.S.R.

No. 47 of 2026 and pass IA NO: 2 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings including appearance of the Petitioner/Accused in C.C. No.1980/2024 on the file of Hon'ble Judicial Magistrate of First Class, Special Mobile Court, Guntur, Guntur District and pass Counsel for the Petitioner:

1. NANDA KISHORE KONDURI Counsel for the Respondent(S):

1. PUBLIC PROSECUTOR THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 88 of 2026

JUDGMENT:

This Criminal Revision Case, under Sections 397 and 401 Cr.P.C./

Sections 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’),, has been filed by the petitioner to set aside the order dated 27.11.2025 passed in Crl.M.P.No.2851 of 2025 in C.C.No.1980 of 2024 by the learned Judicial Magistrate of First Class, Special Mobile Court, Guntur. 2. Heard Sri Nanda Kishore Konduri, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State.

3. Learned counsel for the petitioner submits that the petitioner herein is the accused, who is facing trial in C.C.No.1980 of 2024 for the offence punishable under Section 138 of the Negotiable Instruments Act. Since, the petitioner could not appear before the Court on 31.10.2025, a Non-Bailable Warrant was issued against him. Thereupon, the petitioner filed Crl.M.P.No.2851/2025 seeking to recall the NBW issued against him.

4. While considering the said petition, vide order dated 27.11.2025, the petitioner was directed to appear before the trial Court on each and every adjournment without fail. Learned counsel for the petitioner further submits that the petitioner has been suffering from a brain stroke since 2020 and, therefore, seeks relaxation of the said condition.

5. Learned Assistant Public Prosecutor takes notice on behalf of State and contended that the Court may pass appropriate Orders.

6. Considering the submissions made by the learned counsel for the petitioner, this Criminal Revision Case is disposed of with the following directions:

a) The petitioner shall file an appropriate petition before the trial Court for condonation of his absence through his counsel by assigning reasonable cause, and the learned Trial Judge shall consider the same in accordance with law.

b) The learned trial Judge is further directed to dispose of C.C.No.1980 of 2024 as expeditiously as possible, without granting any adjournments in a casual manner by mere asking.

As a sequel thereto,