APHC010304702024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SEVENTH DAY OF AUGUST ’ TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL No.450 of 209A Appeal under Section 378(4) of Cr.P.C, aggrieved by the Order passed by the Special Magistrate, Anakapalle, in C.C.No.213 of 2023, dated 08.08.2023. Between: Sri Polavarapu Venkateswarulu, S/o. Apparao, Aged 35 as APSCSC Hamali, .R/o. Jallepalem Village, Ravada Post, Paravada Mandal, Anakapalli District, Mobile: 8008629776. years, working ...Appellant/Complainant AND 1. Smt Katta Sasi Kumari, W/o. Rambabu, Aged 37 D.No.77-145-6/42, Ramalayam Katta, Sundaraiah Nagar, Vijayawada, Krishna District-520015, Mobile; 8106035957. 2. The State of Andhra Pradesh, rep by P.P. High Court of Andhra Pradesh, Amaravathi. years. Business, R/o. Payakapuram, ...Respondents/Accused Counsel for the Appellant : Sri Suresh Kumar Pusarla Counsel for Respondent No.1; Smt. Sireesha Rani Vallabhaneni Counsel for Respondent No.2: Public Prosecutor The Court made the following Order: APHC010304702024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) PS® [3368] V THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 450/2024 Between: 1.SRI POLAVARAPU VENKATESWARULU, S/0. APPARAO AGED 35 YEARS, WORKING AS APSCSC HAMALI, R/0. JALLEPALEM VILLAGE, RAVADA POST, MANDAL, ANAKAPALLI DISTRICT, MOBILE 8008629776 PARAVADA ...APELLANT AND 1.SMT KATTA SASI KUMARI, W/0. RAMBABU AGED 37 YEARS, BUSINESS, R/0. D.NO.77-145-6/42 RAMALAYAM KATTA, SUNDARAIAH NAGAR, PAYAKAPURAM VIJAYAWADA, KRISHNA DISTRICT-520015, MOBILE 8106035957 I 2.THE STATE OF A P, REP BY P.P. HIGH COURT OF A.P. AMARAVATHI. ...RESPODENT(S): Counsel for the Appellant: 1.SURESH KUMAR PUSARLA Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2.SIREESHA RANI VALLABHANENI The Court made the following: 2 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL APPEAL No: 450 of 2024 JUDGMENT: Heard Sri Suresh Kumar Pusarla, learned counsel for the appellant, learned counsel for respondent No. 1/accused and learned Additional Public Prosecutor representing the State. The appeal is preferred under Section 378(4) of B.N.S.S. 2. I challenging the order dated 08.08.2023 rendered in C.C.No.213 of 2023 on the file of the learned Special Magistrate, Anakapalle. The learned Magistrate under the impugned order dismissed the complaint for default under Section 256 Cr.P.C. corresponding to 279 3. ,/ It appears that the appellant filed the complaint for B.N.S.S., 2023. the offence punishable under Section 138 of N.I.Act. On the date of hearing i.e., on 08.08.2023, the complainant was absent, represented him. The respondent/accused was present. Therefore, the learned trial Court dismissed the complaint for default. The learned trial Court did not assign any reason that the complaint was dismissed for default i.e., whether presence of the complaint is required on that day to proceed with the trial. Therefore, in the absence of reasons for dismissal, the order of the trial Court is None 4. not sustainable in law, and liable to be set aside. 3 5. Accordingly, the appeal is allowed. The order of trial Court iIS set aside, the matter is remitted to the trail Court for disposal of the complaint in accordance with law. as expeditiously as possible preferably within a period of six (06) months, from the date of receipt of copy of this order, in the light of the Judgment of Hon’ble Apex Court in Re Expeditious Trial of Cases Under Section 138 reported in 2023 SCC Online SC 1197, Order Dated: of N.l. Act 1881, 20.09.2023. As a sequel thereto, interlocutory applications shall stand closed. if any, pending ‘ Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION O.PFICER o 1. The Special Magistrate, Anakapalle records if any) 2. The Civil Judge Court (Junior Division)-cum- V Metropolitan Magistrate Anakapalle, Visakhapatnam District. 3. Two CCs to the Public Prosecutor, Amaravathi[OUT] 4. One CC to Sri Suresh Kumar Pusarla, Advocate 5. One CC to Smt. Sireesha Rani Vallabhaneni Visakhapatnam District, (with High Court of Andhra Pradesh [OPUC] Advocate [OPUC] 6. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi. (to dispatch the trial court records) 7. Two CD Copies TK sree HIGH COURT DATED:07/08/2025 [fe 1« AU6 ?n?5 M . Current iecuon . X:^PATCWe3>^ JUDGMENT CRLA No.450 of 2024 ALLOWING THE CRIMINAL APPEAL