APHC010238602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 238/2025 Between: E.Kistappa Goud ...APELLANT(S) AND S.K.Pasphil Haq and another ...RESPODENT(S) Counsel for the Appellant(S): 1. G.E.Rakesh Goud Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: This Criminal Appeal is filed aggrieved by the judgment in C.C.No.158 of 2020 dated 17.03.2025, on the file of the Special Judicial Magistrate First Class, Kurnool. 2. Heard Sri G.E.Rakesh Goud, learned counsel for the appellant. 3. The notice that was sent to the respondent/accused was served. Respondent called absent. None represented. 4. Learned counsel for the appellant submits that even before the trial Court, the respondent/accused did not choose to appear, and a Non-Bailable Warrant was issued against him. As the complainant failed to pay batta, the complaint was dismissed for default. Learned counsel would submit that an opportunity may be given to the complainant to pursue the case before the trial Court since the complaint was dismissed for non-prosecution. 5. Having heard the submissions of the learned counsel for the appellant and upon a keen perusal of the impugned judgment, this Court is of the view that the impugned judgment has to be set aside. 6. It is relevant to extract the impugned judgment which is under challenge below: “Non Bailable Warrant pending. Defacto-complainant is absent. No representation. Bata not paid. Complaint is dismissed for default.” 3 7. Under these circumstances, it is necessary to give an opportunity to the complainant to pursue his case and to work out his remedy before the trial Court. 8. Hence, this Criminal Appeal is allowed. The impugned judgment is set aside and the matter is remanded back to the trial Court for fresh disposal according to law. The complainant is directed to take necessary steps, including making a plea for the appointment of an Advocate Commissioner for execution of the Non-Bailable Warrant against the accused to secure his presence. The learned trial Judge is requested to proceed with the matter without any delay. The complainant is directed to appear before the trial Court on 06.05.2025. The Registry is directed to communicate a copy of this order to the concerned trial Court forthwith. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 02.05.2025 Issue cc today B/o. MH 4 THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA 19 CRIMINAL APPEAL NO: 238 OF 2025 Date: 02.05.2025 MH