APHC010259862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 620 OF 2025 Revision filed under Section 397 and 401 of Cr.P.C (Section 438 and 442 of B.N.S.S) to set aside the order dated 28.04.2025 passed in CrI.M.P. No. 92 of 2025 in CrI.A. No. 46 of 2023 on the file of V Additional District and Sessions Judge at Tirupati, Chittoor District. Between: V.Kasi Viswanath, S/o. V. Harinath, Aged about 37 years, Occ- Employee, Door No- 19/4-3/2, Venkatareddy Colony STV Nagar, Tirupati, Chittoor District ...PETITIONER/PETITIONER/APPELLANT/APPELLANT/ACCUSED AND 1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravati. 2. M Karunakar Reddy, S/o. P. Prabhakar Reddy, Aged about 39 years, Occ- Employee, R/o. Door No- 19/4-3G1, Venkatareddy Colony, STV Nagar, Tirupati, Chittoor District. ...RESPONDENTS/ RESPONDENTS/ RESPONDENTS RESPONDENTS/COMPLAINANT lA NO: 2 OF 2025 Petition under Section 442 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the impugned order dated 28.04.2025 in CrI.M.P. No. 92 of 2025 in CRL.A. No. 46 of 2023 in C.C. No. 116 of 2015 on the file of VI Additional Judicial Magistrate of First Class, Tirupati, Chittoor District, by allowing the Criminal Revision Case and suspend the order dated 28.04.2025 in CrI.M.P. No. 92 of 2025 in CrI.A. No. 46 of 2023 in C.C. No. 116 of 2015 on the file of VI Additional Judicial Magistrate of First Class, Tirupati, Chittoor District, pending disposal of the present Criminal Revision and consequently dispense the appearance of the petitioner/appellant in CRL.A. No. 46 of 2023 in C.C. No. 116 of 2015 on the file of VI Additional Judicial Magistrate of First Class, Tirupati, Chittoor District pending disposal of present Criminal revision case. Counsel for the Petitioner : SRI CHAMARTHY LEELA SRINNIVASA VARMA Counsel for the Respondent No.1 : ASSISTANT PUBLIC PROSECUTOR The Court made the following ORDER : / 1 APHC010259862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA CRIMINAL revision CASE Mn- fi9n/onoc T [3327] SS REDDY Between: V. Kasi Viswanath ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. CHAMARTHY LEELA SRINNIVASA VARMA Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following Order: ...RESPONDENT(S) 1. The Criminal Revision Case is filed aggrieved by the order dated 28.04.2025 passed in Cri.lVI.P.No.92 of 2025 in Crl.A.No.46 of 2023 on the file of the V Additional District and Sessions Judge at Tirupati, Chittoor District. 2 Heard the learned counsel for the petitioner and learned 2. Assistant Public Prosecutor for the State. was convicted and Originally, the petitioner/accused sentenced vide judgment dated 18.08.2017 in C.C.No.116 of 2015, the file of the Special Judicial Magistrate of First Class-cum-Vl Additional Junior Civil Judge, Tirupati, of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Aggrieved thereby, he preferred Criminal Appeal No. 231 of 2017 on the file of the X Additional District and Sessions Judge, Tirupati. By 3. on its Judgment dated 31.12.2019, the appellate court, allowed the appeal and set aside the said judgment and further remitted the matter to the trial court with a direction to decide the same, in accordance with legal principles contemplated under Sections 138, its proviso, 139 and 142 of the Negotiable Instruments Act, 1881. Pursuant to the remand, the trial court, vide judgment dated 23.02.2023 in the said C.C., found the petitioner/accused guilty and convicted and sentenced him of the offence punishable under Section 138 of N.l.Act. Aggrieved thereby, the accused preferred appeal vide Criminal Appeal No. 46 of 2023 before the V Additional District and Sessions Judge at Tirupati. Pending appeal, learned counsel for the appellant filed Crl.M.P.No.92 of 2025, under Section 317 Cr.P.C., praying to condone the absence of the petitioner 4. 3 before the appellate court on 28.04.2025, as he could not secure leave. By its order, dated 28.04.2025, the appellate court, dismissed the petition. A perusal of the record goes to show that despite there being 5. a conditional order, dated 05.10.2024 in Crl.M.P.No.127 of 2024 in the criminal appeal, filed under Section 389(1) Cr.P.C., the accused failed to appear before the court below. Learned counsel for the petitioner/accused submits that the petitioner/accused is an employee and was unable to obtain leave from his office, due to which reason, he failed to appear before the court below. He submits that the learned Magistrate issued NBW against the petitioner pursuant dismissal of petition under Section 317 Cr.P.C. However, irrespective of the plea taken by the petitioner 6. herein, it appears that the petitioner is ready to proceed with the case and in that view, this Court deems it fit and appropriate to pass the following order: (i) That the petitioner shaii appear before the court concerned within a period of two (02) weeks from the date of receipt of the order and make an appiication for recalling of N.B.W. On such application, the court below is directed to consider the application with certain terms and conditions, on the same day. (ii) 4 With the above directions, the Criminal Revision Case is 7. disposed of. Miscellaneous petitions, if any, pending, shall stand closed. SOI- V.DIWAKAR DEPUTY REGISTRAR p- SECTION OFFICER //TRUE COPY// To, 1. The V Additional District and Sessions Judge, Tirupati, Chittoor District. (By Rpad) 2. The X Additional Sessions Judge, Tirupati, Chittoor District. (By Rpad) 3. The Special Judicial Magistrate of First Class-cum-VI Additional Junior Civil Judge, Tirupati, Chittoor District. (By Rpad) 4. One CC to Sri. Chamarthy Leela Srinnivasa Varma Advocate [OPUC] (By Special Messanger) 5. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 6. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi 7. Two CD Copies Stu TAC HIGH COURT DATED:02/07/2025 ORDER CRLRC NO. 620 OF 2025 disposing of the criminal revision CASE