1 APHC010142802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 181/2025 Between: Tiyaguru Chaitanya ...APELLANT AND The State Of Andhra Pradesh and Others ...RESPODENT(S) Counsel for the Apellant: 1. K JOSEPH Counsel for the Respodent(S): 1. SAI GANGADHAR CHAMARTY 2. PUBLIC PROSECUTOR The Court made the following: JUDGMENT: The present criminal appeal has been filed by the Appellant / Complainant seeking to set aside the Order dated 29.01.2025 passed in C.C.No.51 of 2022 on the file of learned X Additional Judicial Magistrate of First Class, Vuyyuru and to restore the same. 2 2. Heard Sri K.Joseph, learned counsel for the appellant. 3. Learned counsel for the appellant would submit that there was no willful or deliberate negligence on the part of the appellant in representing the complaint on 29.01.2025, but due to some unavoidable circumstances, he could not appear on that day and his case was dismissed for non-prosecution. Learned counsel would further submit that the absence of the complainant before the trial Court is not intentional. Learned counsel would submit that a fair opportunity may be given to the complainant to prosecute his case. The subject cheque is for Rs.6,50,000/-. Learned counsel finally prays to allow the appeal. 4. Considering the submissions made and on perusal of the material on record, the impugned judgment which would show that the complainant called absent and no representation, hence, the complaint was dismissed for non- prosecution. 5. Taking into consideration the reasons for absence of the complainant and in the interest of justice, the Criminal Appeal is liable to be allowed. 6. In the result, the Criminal Appeal is allowed. The impugned judgment is set aside. The matter is remanded to the trial Court for fresh disposal according to law. Learned counsel representing both parties, are requested to direct the parties to appear before the trial Court on 06.05.2025 without fail. 3 The learned trial Judge is directed to dispose of the case as expeditiously as possible without granting any adjournments in a casual way. Pending miscellaneous applications, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 28.04.2025 ARR 4 50 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 181/2025 Dt.28.04.2025 ARR