APHC010238602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 151/2025 Between: K Srinivasa Rao and Others ...APELLANT(S) AND The State Of Andhra Pradesh and Others ...RESPODENT(S) Counsel for the Appellant(S): 1. NIRMALBABU.A Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2. SRINIVASA RAO MORTHA The Court made the following: 2 ORDER: This Criminal Appeal is filed aggrieved by the judgment of acquittal in C.C.No.339 of 2021 dated 10.01.2024, on the file of the II Additional Junior Civil Judge, Vijayawada. 2. Heard Sri Nirmal Babu.A, learned counsel for the appellants and Sri Srinivasa Rao Mortha, learned Assistant Public Prosecutor. 3. Learned counsel for the appellants would submit that the father of appellant No.2 is the complainant in this case. He has filed a private complaint against the respondent No.1 for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. During the pendency of C.C.No.339 of 2021, he died and on the given date the complainant could not appear before the Court due to death. The learned Magistrate dismissed the complaint for default and acquitted the accused. Learned counsel would further submit that appellant Nos.2 to 4 are the legal heirs of the complainant. They have preferred the present appeal seeking indulgence of the Court to give an opportunity to prosecute the matter. Learned counsel would finally submit that as on the date of the impugned judgment the complainant was no more and an opportunity may be given to legal representatives to pursue the matter. 4. Learned counsel for the respondent No.2 would submit that Court may pass appropriate orders, since the complainant died by the date of impugned judgment. 3 5. Considering the submissions made, this Criminal Appeal is allowed and the matter is remanded to the trial Court for fresh disposal according to law. Learned counsel on both sides are requested to direct their parties to appear before the trial Court on 05.05.2025 without fail to avoid the further delay. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 24.04.2025 MH 4 THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA 21 CRIMINAL APPEAL NO: 151 OF 2025 Date: 24.04.2025 MH