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HIGH COURT OF ANDHRA PRADESH * * * *

CRIMINAL APPEAL No. 1022 of 2009 Between:

1. N ATIONAL COOPERATIVE BANK LTD., D.NO. 66/43, MUNICIPAL HOSPITAL ROAD, KURNOOL REP. BY ITS POWER OF ATTORNEY HOLDERR SRI S. HUSSAINMIAH S/O. S. MD. ISSSMAIL SAHEB R/O.

MIG 58, HOUSING BOARD COLONY B. CAMP ...APPELLANT AND

1. S MARY JOYICE, S.G. ASSISTANT M.P. ELEMENTARY SCHOOL AMADAAGUNTLA R/O. 40-143, BANGARUPETA

2. T HE STATE OF A P, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF A.P., HYDERABAD.

...RESPONDENT(S):

DATE OF JUDGMENT/ORDER PRONOUNCED: 03.11.2026 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE ALAPATI GIRIDHAR

1. Whether Reporters of Local Yes/No newspapers may be allowed to see the Judgments?

2. Whether the copies of judgment may Yes/No be marked to Law Reporters/Journals

3. Whether Your Lordships wish to see Yes/No the fair copy of the Judgment? __________________________ JUSTICE ALAPATI GIRIDHAR * THE HON'BLE SRI JUSTICE ALAPATI GIRIDHAR + CRIMINAL APPEAL No. 1022 OF 2009 % 03.11.2026 Between:

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1. N ATIONAL COOPERATIVE BANK LTD., D.NO. 66/43, MUNICIPAL HOSPITAL ROAD, KURNOOL REP. BY ITS POWER OF ATTORNEY HOLDERR SRI S. HUSSAINMIAH S/O. S. MD. ISSSMAIL SAHEB R/O.

MIG 58, HOUSING BOARD COLONY B. CAMP ...APPELLANT AND

1. S MARY JOYICE, S.G. ASSISTANT M.P. ELEMENTARY SCHOOL AMADAAGUNTLA R/O. 40-143, BANGARUPETA

2. T HE STATE OF A P, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF A.P., HYDERABAD.

...RESPONDENT(S):

! Counsel for the Appellant: Sri. N. RAVI PRASAD ^ Counsel for the respondents: PUBLIC PROSECUTOR Gist :

> Head Note:

? Cases Referred: 1(1996) 4 SCC 720

1(2014) 14 SCC 238 1(1997) 1 SCC 855)

1(1998) SCC (Cri) 475

1(2009) 1 SCC 407 APHC010089512009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3605]

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(Special Original Jurisdiction)

TUESDAY, THE 3^rd DAY OF NOVEMBER, 2026 PRESENT THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL NO: 1022/2009 Between:

1. N ATIONAL COOPERATIVE BANK LTD., D.NO. 66/43, MUNICIPAL HOSPITAL ROAD, KURNOOL REP. BY ITS POWER OF ATTORNEY HOLDERR SRI S. HUSSAINMIAH S/O. S. MD. ISSSMAIL SAHEB R/O.

MIG 58, HOUSING BOARD COLONY B. CAMP ...APPELLANT AND

1. S MARY JOYICE, S.G. ASSISTANT M.P. ELEMENTARY SCHOOL AMADAAGUNTLA R/O. 40-143, BANGARUPETA

2. T HE STATE OF A P, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF A.P., HYDERABAD.

...RESPONDENT(S):

Counsel for the Appellant:

1. N RAVI PRASAD Counsel for the Respondent(S):

1. PUBLIC PROSECUTOR (AP)

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THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL No.1022 of 2009 The Court made the following JUDGMENT:

1. Sri K.V.Akhileswra Reddy, learned Counsel on behalf of Sri N.Ravi Prasad, learned Counsel for the Appellant, submits that the Appellant is not in touch with the Counsel and he has no instructions. The record reveals the same was also represented on 21.08.2025 that he has no instructions, also that the Appellant could not take steps to serve the notice on the Accused for all these years despite many opportunities and on some dates, none appeared for the Appellant.

2. The record reveals that the Appellant filed a Complaint against the Accused under Section 138 of the Negotiable Instruments Act, 1881. However, on 01.09.2008 the Trial Court acquitted the Accused under Section 256 of the Code of Criminal Procedure, 1973, recording that the Complainant was absent and Counsel was also absent.

3. The Appeal is filed assailing the order. The material on record reveals that the Appellantcould not serve the notice on the Accused for all these years despite many opportunities, whereas the Appeal has been pending since 2009. It appears the Appellant has not been showing interest in prosecuting the Appeal for all these years and this Appeal has been on the old pendency list.

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4. The settled law is that a criminal appeal cannot be dismissed for non-

prosecution or default and the appeal must be decided on its merits. However, in the present case, the Complainant is the Appellant, and the Appeal has been pending for about 16 years. The Appellant c