IN THE HIGH COURT OF ANDHRA PRADESH :: WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE ^ TWO THOUSAND AND TWENTY FIVE ^ AMARAVATI T ii -0 o ;o ^.11 & PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 548 OF 2024 Criminal Appeal under Section 419 (4) of BNSS against the Docket Order made in C.C.No.288 of 2023 dated 22.07.2024 on the file of the Court of the Additional Judicial Magistrate of First Class Penukonda. Between: K Maruthi, S/o K Ramanjineyulu, Aged about 36 D.No. 2-772, Maruthinagar, Somandaepalli Village Sai District. years, Occ-Business R/o. and Mandal, Sri Satya ...Appellant/Complainant AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, of A.P, Amaravathi. High Court ...Respondent No.1 2. G.S Manoj Kumar, S/o G S Sivaiah, Aged about 45 years, Occ- Lineman, APSPDCL, Sri Ganapathi temple cross, Allwyn Colony, Penukonda Town and Mandal. ...Respondent No.2/Accused Counsel for the Appellant: M/S. AYESHA AZMA S Counsel for the Respondent No.1: PUBLIC PROSECUTOR The Court made the following: 7 APHC010368822024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 548/2024 Between: K Maruthi ...APELLANT AND The State Of AP and Others ...RESPODENT(S) Counsel for the Apellant: 1.AYESHA AZMAS Counsel for the Respodent(S): 1.PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 548/2024 ^PGMENT : Impugning the Judgment dated 22.07.2024 in C.C.No.288 of 2023 passed by the Additional Judicial Magistrate of First Class, Penukonda, the present Criminal Appeal is filed. Heard Ms. Ayesha Azma S, learned Counsel for the appellant/complainant and Ms. K.Priyanka Lakshmi, learned Public Prosecutor on behalf of the State is in attendance. Despite notice is served on the respondent No.2/accused, none represented. 3. As this appeal is preferred against the impugned judgment of acquittal passed in the private complaint filed by the complainant for the offence under Section 138 of N.I.Act, was dismissed for non prosecution, this matter is taken 2. up for hearing. A fair look at the impugned Judgment passed by the learned Trial Judge jn C.C.No.288 of 2023 dated 22.07.2024 on the file of learned Additional I 4. Judicial Magistrate of First Class, Penukonda would show that the Accused absent. Petition filed and allowed. Complainant absent. No representation behalf of complainant. The matter is coming for trial on cost. The Complainant neither paid cost nor adduced any evidence on his behalf. The Complainant did not adduce evidence since 08.05.2024 despite of granting several adjournments. This shows that the complainant has no interest to proceed with this case. Hence, this complaint is dismissed. on 3 m Learned Counsel for the appellant would submit that the appellant herein preferred a private complaint for the offence under Section 138 of Section 138 of Negotiable Instruments Act against the respondent/accused which was dismissed for non prosecution and consequently, the accused was 5. acquitted. Considering the submissions made, in the interest of justice, to grant a fair opportunity to the appellant/complainant to prosecute the matter, the Criminal Appeal is allowed. The impugned order is set aside. The matter is remanded to the Trial Court for fresh disposal of the case according to law. Learned Trial Judge is directed to dispose of the case as expeditiously as possible. The copy of the order shall be communicated forthwith. As a sequel thereto, miscellaneous petitions pending, if any, shall 6. stand closed. Sd/- E KAMESWARA RAO JOINT REGISTRY //TRUE COPY// SECTION OFFICER To, 1. The Additional Judicial Magistrate of First Class, Penukonda, Ananthapur District. 2. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh [OUT] 3. One CC to M/s. Ayesha Azma S., Advocate [OPUC] 4. The Section Officer, Criminal Section, High Court of Andhra Pradesh. 5. Three CD Copies sree HIGH COURT DATED:25/06/2025 ORDER CRLA.No.548 of 2024 ALLOWING THE CRIMINAL APPEAL