IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE EIGHTH DAY OF MAY | TWO THOUSAND AND TWENTY FIVE \ Ij PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 208 OF 2025 Appeal under Section 419(4) of BNSS, aggrieved by the Order dated 11.11.2024 passed in S.T.C. No. 4948 of 2023 on the file of the Hon’ble Special Magistrate-VII, Vishakhapatnam and consequently restore the S.T.C. No. 4948 of 2023 on the file of the Special Magistrate-VII, Vishakhapatnam Between: M/s Shriram Finance LTD, (Formerly M/s. Shriram Transport Finance Ltd.) Having its Branch Office at 2nd Floor, Vegi Plaza, 0pp. NTR market Yard, Ring Road, Anakapalli, Rep. by its Branch Manager cum GPA Holder, Sri. Venkata Raghu. ...APPELLANT AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. RESPONDENT No.1/ RESPONDENT No.1 2. Sateesh Adah, S/o. A. Krishna, Aged about 41 years, R/o D/o. 15-11-27 Park Street, Gavarapalem, Nidanam Doddi Anakapalli, Visakhapatnam, Buddam, Andhra Pradesh ...RESPONDENT No.2/ RESPONDENT No.2 Counsel for the Appellant: Ms A.PRIYANKA representing SRI SAI SANJAY SURANENI Counsel for the Respondent No.1 : Ms K.PRIYANKA LAKSHMI, ASSISTANT PUBLIC PROSECUTOR The Court made the following JUDGMENT: 1 APHC010146042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL appeal NO: 208/2025 [3396] B THE Between: ...APELLANT M/s Shriram Finance Ltd AND „.RESPODENT(S) The State Of Andhra Pradesh and Others Counsel for the Apellant: 1.SA1 SAN JAY SURANENl Counsel for the Respodent(S): 1. PUBLIC PROSECUTOR The Court made the following: JUDGMENT: S.T.C.No.4948 of 2023 Impugning the Judgment dated 11.11.2024 in learned Special Magistrate-VII, Visakhapatnam, the present passed by the Criminal Appeal is filed. learned Counsel representing Sri Sai Sanjay Heard Ms.A.Priyanka 2. counsel for the appellant/complainant and Ms. K.Priyanka behalf of the State is in attendance. As that the item delivered. None Suraneni, learned Lakshmi, learned Public Prosecutor on can be seen from the proof of service represented for the respondent/accused. 3. A fair look at the impugned Judgment passed by the learned Trial Judge in S.T.C.No.4948 of 2023 dated 11.11.2024 on the file of learned Special Magistrate-VII, Visakhapatnam would show that the Complainant called absent, no representation for the complainant, cost is reported as not paid to the DLSA, NBW continuation batta is also reported as not paid. The Complaint was dismissed for default. 4. Considering the submissions made, in the interest of justice, to grant a fair opportunity to the appellant/complainant to prosecute the matter, the Criminal Appeal is allowed. The impugned order is set aside. The matter is remanded to the Trial Court for fresh disposal of the case according to law. Learned Trial Judge is directed to dispose of the case as expeditiously as possible. The appellant is directed to appear before the Trial Court on 13.05.2025 without fail and take all appropriate steps for execution of NBW by filing a petition for appointment of Advocate Commissioner for execution of Non-Bailable Warrant issued against the respondent/accused on payment of fees to be fixed by the Court. The copy of the order shall be communicated forthwith. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. / Sd/- E KAMESWAI^ RAO JOINT REGISTRAR //true copy// SECTION OFFICER To, , Vishakhapatnam District special Magistrate VII, Vishakhapattram 1. The [with records if any] r.r. to Sri Sai Sarijay Suraneni, Advocate [OPUC] O Ono 3. Two CC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravati 5. Three CD Copies MV vna . -4 HIGH COURT DATED: 08/05/2025 JUDGMENT CRLA.No.208 of 2025 I* 08 MAY 2025 n ^ . Current Section . jg* ALLOWING THE CRIMINAL APPEAL