APHC010287452025 m\Si IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL APPEAL NO: 560 OF 2025 Appeal under Section 378(4) of Or.P.C/Section 419 (4) of BNSS, 2023 praying that the High Court may be pleased to set aside the Judgment dated 30.09.2024 passed in CC.No.2527 of 2019 on the file of the Judicial Magistrate of First Class, Special Mobile Court, Nellore, SPSR Nellore District, and convict the respondent/accused for the offence under Section 138 and 142 of N.I.Act and award compensation to the appellant/compl ainant herein. Between: Sunkara Venkata Ramana Reddy, S/o.Surya Narayana Reddy, aged about 60 years, R/o.25/1-1881, Vengala Rao Nagar Road, Nellore, SPSR Nellore City. ...Appellant/Complainant AND 1. Deverapalli Ramana Reddy, S/o.Venka Reddy, Asst General Manager, Narayana Group of Institutions, C/o.Narayana Concept School, Mini Bypass Road, Nellore City, SPSR Nellore District. (Accused) 2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature at Amaravathi. ...Respondents Counsel for Appellant: Sri Sivaprasad Reddy Venati Counsel for Respondent No.1: Sri G.Vijaya Saradhi Counsel for Respondent No.2: Additional Public Prosecutor The Court made the following: APHC010287452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE SMB [3368] yi PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO:/^28)2025 Between: 1. SUNKARA VENKATA RAMANA REDDY, - ...APELLANT AND 1. DEVERAPALLI RAMANA REDDY, D.N ...RESPODENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant special leave to the petitioner/appellant to prefer the present Criminal Appeal before this Hon’ble this Court against the Judgment dated 30.09.2024 in CC. No. 2527 of 2019 on the file of the Judicial Magistrate of I Class, Spl. Mobile Court. Nellore, SPSR Nellore District, and pass such 2 lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of tho petition, the High Court may be pleased may be pleased to condone the delay of 160 days in filing the Criminal Appeal against the Judgment dated 30.09.2024 C.C No 2527 of 2019 the file of the Judicial Magistrate of First class, SPL Mobile Nellore, SPSR Nellore District in the interests of justice and pass such Counsel for the Appellant: 1.SIVAPRASAD REDDY VENATI Counsel for the Respondent: 1.G VIJAYA SARADHI on court. 3 ^<5tt THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL (SR) NO 025 The Court made the following Judgment; Sri Sivaprasad Reddy Venati, learned counsel for the appellant, learned Additional Public Prosecutor representing the State and Sri G.Vijaya Saradhi, learned counsel for respondent No.1. The present Criminal Appeal is preferred by the Appellant/ 2. Complainant against the Order dated 30.09.2024 in C.C.No.2527 of 2019 on the file of the learned Judicial Magistrate of First Class Special Mobile Court, Nellore, wherein the case was dismissed for default on the ground that the complainant did not proceed with the complaint. Perusal of the record would disclose that NBW was issued 3. I against the Accused and as the same is pending for several days. a commissioner was appointed for execution of the warrant. As the commissioner did not file report on 30.09.2024, learned trial Court dismissed the complaint on the sole ground that the complaint is pending since 2019. 4. This Court is of the considered opinion that the complainant cannot be found fault, if the Commissioner did not file the report 4 and the trial Court ought to have taken proper steps for execution of the Non-Billable Warrant instead of dismissing the complaint, without deciding the same on merits. In that view of the matter, the Order dated 30.09.2024 i:: C.C.No.2527 of 2019 on the file of the learned Judicial Magistrate of First Class Special Mobile Court, Nellore is hereby set aside and the matter is remanded to the learned trial Court for disposal of the same as per the procedure established under the law. 5. in 6. Accordingly, the Criminal Appeal (SR) No.7428 of 2025 iIS allowed. Interlocutory applications, if any, pending shall stand closed. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of First Class, Special Mobile SPSR Nellore District. 2. One CC to Sri Sivaprasad Reddy Venati, Advocate [OPUC] 3. One CC to Sri G.Vijaya Saradhi, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court Amaravati [OUT] 5. The Section Officer, ER Section Amaravati. 6. The Section Officer, Criminal Section, High Court of Andhra Amaravati. 7. Two CD Copies Court, Nellore, of Andhra Pradesh at High Court of Andhra Pradesh at Pradesh at BSV sree HIGH COURT DATED:05/08/2025 JUDGMENT CRLA NO. 560 OF 2025 ALLOWING THE CRIMINAL APPEAL BY REMANDING BACK THE MATTER