APHC010238602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 599/2023 Between: P.SANJAY ANAND ...APELLANT(S) AND M/S.MANA AUTOMOBILES and Others ...RESPODENT(S) Counsel for the Appellant(S): 1.G.V.S.RAJU Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: This Criminal Appeal is filed aggrieved by the judgment in C.C.No.225 of 2018 dated 31.05.2023, on the file of the III Additional Metropolitan Magistrate, Visakhapatnam. 2. Heard Sri G.V.S.Raju, learned counsel for the appellant. 3. The notice that was sent to the respondent/accused was returned un- served, as the respondent was not residing at the given address. 4. Learned counsel for the appellant submits that the accused never appeared before the trial Court, due to which a Non-Bailable Warrant has been issued. His private complaint was dismissed for want of execution of the Non-Bailable Warrant against the accused. Learned counsel would further submit that the appellant herein filed a private complaint for the offence under Section 138 of the Negotiable Instruments Act against the respondent/accused to remit the cheque amount of Rs. 10,00,000/-, and that a fair opportunity may be given to the appellant. The notice to the respondent before this Court may be dispensed with since the accused never appeared before the trial Court. Learned counsel would submit that the matter is coming up for execution of the Non-Bailable Warrant. C.C. No. 521 of 2018 is the original case, which was transferred from the learned I Additional Chief Metropolitan Magistrate’s Court, Visakhapatnam, and renumbered as C.C.No.225 of 2018. Learned counsel for the appellant would finally submit that an opportunity may be given to the complainant to prosecute his case before the trial Court. 3 5. Considering the submissions made and a fair look at the material placed on record, this Court is of the view that the accused did not make his appearance before the trial Court and the matter was coming up for execution of the Non-Bailable Warrant. The impugned judgment indicates that the complainant showed no interest in prosecuting the matter for the execution of the Non-Bailable Warrant, despite the conditional order that was passed. 6. In light of the above, considering the grievance of the appellant and the worth of the cheque being Rs.10,00,000/-, this Criminal Appeal is allowed. The matter is remanded back to the trial Court for fresh disposal according to law. 7. The appellant shall appear before the trial Court on 08.05.2025, without fail. The learned trial Judge is requested to dispose of the case as expeditiously as possible by taking all necessary steps to secure the presence of the accused, even by appointing an Advocate Commissioner for the execution of the Non-Bailable Warrant issued against the accused. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 29.04.2025 MH 4 THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA 27 CRIMINAL APPEAL NO: 599 OF 2023 Date: 29.04.2025 MH