IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI FRIDAY ,THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 594 OF 2024 Appeal under Section 378(4) of Cr.P.C, against the Judgment dated 12.04.2024 in S.T.C. No. 101/2023 passed by the Hon’ble Judicial Magistrate of First Class at Kakinada, dismissing the complaint filed under Section 138 of N.l Act and Respondent No.2/Accused herein. Between: II Additional acquitting the Accused i.e. Siriginidi Bhimasankar Rao, S/o. late Veerraju, aged about 67 years, R/o.D.No.7-5-17/5, Flat No.B2, Savitri Sundar Apartments, Opp-Veterinary Hospital, Ramaraopeta, Kakinada, Andhra Pradesh. AND 1. State of Andhra Pradesh, Rep.by its Public Prosecutor ...Appellant/Complainant o D ox ...Respondent 4. Bodda Satyanarayana Prasad, S/o.Dharma Rao, Aged about 56 years, R/o.Flat No.9, 2nd Floor, Harsha Apartments, Sarada Nagar Narsipatnam, Anakapalli District, A.P. ...Respondent/Accused Counsel for the Appellant: Sri M. Balanagu Srinivas Counsel for the Respondent No.1 : Ms. K.Priyanka Lakshmi, Public Prosecutor Counsel for the Respondent No.2/Accused : Sri G Venkata Subba The Court made the following: Raju APHC010324012024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 594/2024 Between; ...APELLANT Siriginidi Bhimasankar Rao AND ...RESPODENT(S) State Of Andhra Pradesh and Others Counsel for the Apellant: 1.MBALANAGA SRINIVAS Counsel for the Respodent(S): 1.0 VENKATA SUBBA RAJU 2.PUBLIC PROSECUTOR The Court made the following: JUDGMENT: Impugning the Judgment dated 12.04.2024 in S.T.C.No.101 of 2023 passed by the learned II Additional Judicial Magistrate of First Class at Kakinada, the present Criminal Appeal is filed. Heard Sri M.Balanagu Srinivas, learned Counsel for the 2. appellant/complainant and Sri G.Venkata Subba Raju, learned Counsel for the Dr.VJPJ, CrI.A.No. 594of 2024 respondent/accused. Ms. K.Priyanka Lakshmi, learned Public Prosecutor behalf of the State is in attendance. 3. Learned Counsel for the appellant would submit that the appellant herein preferred a private complaint for the offence under Section 138 Section 138 of Negotiable Instruments Act against the respondent/accused which was dismissed for non prosecution and consequently, the accused acquitted. Learned Counsel for the appellant would submit that on the given date, the matter is coming up for trial. A petition has been filed on behalf of the appellant/complainant to condone his absence since he is suffering from Viral Fever and ill health. It was dismissed and consequently the complaint also dismissed. 4. Learned Counsel for the respondent/accused would submit that the Court may pass appropriate orders on terms. 5. Considering the submissions made and a fair look at the impugned Judgment passed by the learned Trial Judge in S.T.C.No. 101 of 2023, the complainant as well as the accused were absent on several occasions for the reasons best known to both the parties. The enquiry has not yet commenced since it is a Summary Trial Case. It is not the case that the complainant failed to pursue his case since a petition has been filed on the given date stating that he was suffering from Fever and that was believed by the learned Judge. Ultimately, dismissed the complaint. As can be seen from the record, the complainant is aged about 66 years. The subject cheque is worth of Rs.2,00,000/-(Rupees Two Lakhs Only). Under these circumstances, it is on of was was \ 3 Dr.VJPJ, CrI.A.No. 594 of 2024 apposite to allow the appeal by remanding the matter to the Trial Court for fresh disposal according to law. 6. In the result, the Criminal Appeal is allowed. The matter is remanded to the Trial Court for fresh disposal of the case according to law on payment of costs of Rs.2,000/- (Rupees Two thousand only) to the other side. Learned Counsel of both parties are present before this Court, they are requested to direct their respective parties to appear before the Trial Court on 05.05.2025 without fail. The appellant is also directed to pursue the matter without fail. Learned Judge is directed to dispose of the matter without granting any further adjournment in a casual way. The impugned Order is set aside. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- E. KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The II Additional Judicial Magistrate of First Class, Kakinada, East Godavari District 2. One CC to Sri M. Balanaga Srinivas Advocate [OPUC] 3. One CC to Sri G. Venkata Subba Raju Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 5. The Section Officer, Criminal Section, High Court of Andhra Pradesh. 6. Three CD Copies Stu Cnr HIGH COURT DATED:25/04/2025 JUDGMENT CRLA.No.594 of 2024 I" 2 5 APR 2025 ^ Current Section ALLOWING THE CRIMINAL APPEAL