tN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT honourable dr justice VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL No.373 of 2025 Appeal under Section 419(4) of BNSS (under Section Cr.P.C), against the acquittal order passed by the Principal Judge-cum-Judicial Magistrate of First Class 2025 in CC No. 1262 of 2017. Between: 378(4) of Junior Civil Vizianagaram dated 11-03- Balimi Chandra Shekar, S/o.Prakash Rao Kothapeta, Golla Veedhi, Vizianagaram. aged about 45 years, R/o. ...Appellant/Complainant AND 1. The State of Andhra Pradesh Building, Amaravati. 2. Potnuru Nanaji Rao, S/o.Satyam, aged about 45 years, R/o.Tallpeta Village, Poosapatirega, Vempadam Mandal, Vizianagaram. rep.by Public Prosecutor, High Court ...Respondents Counsel for the Appellant : Ms.Y.Malathi, representing Mr. P Gopala Krishna Couns^ for Respondent No.1: Ms. K. Priyanka Lakshmi Public Prosecutor Assistant Counsel for Respondent No.2: None Appeared The Court made the following: 1 APHC010269772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 373/2025 Between: Balimi Chandra Shekar ...APELLANT AND The State Of Andhra Pradesh and Others ...RESPODENT(S) Counsel for the Appellant: 1.PGOPALA KRISHNA Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: JUDGMENT: The present criminal appeal has been filed by the Appellant / complainant seeking to set aside the acquittal order dated 11.03.2025 passed in C.C.No.1262 of 2017 on the file of learned Principal Junior Civil Judge-cum- Judicial Magistrate of First Class, Vizianagaram. 2 c. 2. Heard Ms.Y.Malathi, learned Krishna, learned counsel for the counsel, representing Sri P.Gopala appellant and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. This appeal is preferred impugning the order of 2017, dated 11.03.2025 passed in C.C.No.1262 on the file of learned Principal Junior Civil Judge- cum-Judicial Magistrate of First Class, Vizianagaram, wherein the complaint which was filed by the appellant herein for the offence punishable under Act against the accused Section 138 of the Negotiable Instruments dismissed for default. was 4. Learned counsel for the appellant would submit that could not pay the continuation batta despite the conditional Learned counsel finally submits that the appellant to pursue his case. As the accused did before the trial Court, the notice to the respondent / with. the complainant order passed, one more opportunity may be given to not make appearance accused is dispensed 5. Considering the submissions made, as the complaint was dismissed for non-prosecution for non-payment of continuation batta for execution of non-ballable warrant against the accused, in the interest of justice, to give a fair opportunity to the appellant / complainant, this Court is inclined to allow the Criminal Appeal. 3 6. In the result, the Criminal Appeal dated 11.03.2025 passed in C.C.No.1262 of 2017 is allowed. The impugned order on the file of learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Vizianagaram, is hereby set aside. Court for fresh disposal Class, The matter is remanded to the trial according to law. The complainant is directed to necessary steps for appointment of Advocate take all - commissioner for execution of non-bailable warrant. In case, the appellant / complainant fails trial Judge may dispose of the Learned counsel for the to pursue the matter, the learned case appellant is appear before the trial Court on the next ■ 27.06.2025 to pursue the matter. without further adjournments. requested to inform his client to date without fail i.e Office is directed to communicate the order forthwith. As a sequel thereto miscellaneous petifions pending, if any, shall stand closed. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// \ SECTION OFFICER To 1. The Principal Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class, Vizianagaram, Vizianagaram District. CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi[OUT] 3. One CC to Sri P Gopala Krishna, Advocate [OPUC] 2. Two 4. Three CD Copies TK vna Y HIGH COURT DATED:20/06/2025 \ JUDGMENT CRLA.No.373 of 2025 ^ 21 JUN 2025 I ^^suiirmtStcOmX* ALLOWING THE CRIMINAL APPEAL