IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 836 OF 2024 Appeal under Section 378(4) of Cr.P.C, against the judgment dated 08-11-2024 passed by the Additional Judicial Magistrate of First Class Cum Additional Junior Civil Judge, Jaggayyapeta, in C.C. No. 967 of 2023. Between: Ijjagani Saida, S/o Guruvulu, R/o D.No.6-75, Main Road, Kowatha Agraharam, Jaggaihapet Mandal, NTR Dist A.P. Vari ...APELLANT/COMPLAINANT AND 1. Pateru Shankar, S/o Venkataiah, Nearest D.No.3-3/2 Baroda, Gudimalla Village, Mudigonda Mandal, Khammam Dist. Near Bank of ...RESPONDENT N0.1/ACCUSED 2. The State of Andhra Pradesh, Rep. by its Public Prosecutor of Andhra Pradesh, At Amaravati High Court ...RESPONDENT N0.2 ^ lA NO: 1 OF 2024 Petition under Section 378 (4) Cr.P.C praying that in the dircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to file Appeal against the order passed by the Additional Judicial Magistrate of First Class Cum Additional Junior Civil Judge, Jaggayyapeta in C.C.No. 967 of 2023, dated 08.11.2024. Counsel for the Appellant : SRI T B L MURTHY Counsel for the Respondent No.1: SRI SASANKA BHUVANAGIRI Counsel for the Respondent No.2: PUBLIC PROSECUTOR The Court made the following JUDGMENT : 1 r APHC010555492024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) H50 [3396] WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 836/2024 Between: Ijjagani Saida and Others ...APELLANT(S) AND ...RESPODENT Pateru Shankar Counsel for the Apellant(S): 1.PUBLIC PROSECUTOR 2.T B L MURTHY Counsel for the Respodent: 1.SASANKA BHUVANAGIRI The Court made the following Judgment: Heard Sri T.B.L. Murthy, learned counsel for the appellant/complainant, Sri Sasanka Bhuvanagiri, learned counsel for the 1®* respondent and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for the State. Learned counsel for the petitioner would submit that the petitioner herein was the complainant in C.C.No.967 of 2023. The 2. 2 respondent herein was the accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. Learned counsel for the appellant would submit that the said CC was dismissed for non-prosecution on 08.11.2024 for the reasons that the complainant was not filed the chief examination affidavit on the given date. Learned counsel would further submit that the complainant was suffering from viral fever from 03.11.2024 to 12.11.2024, so he could not contact his counsel for pursuing the matter. Learned counsel would further submit that an opportunity may be given to the complainant to pursue his case before the trial Court. In support of his contentions, filed a medical report to show that the complainant was suffering from fever during that period. Learned counsel for respondent No. 1/accused vehemently opposed the appeal stating that the complainant was not diligent in prosecuting his case. As he could not comply the conditions imposed by the trial Court for filing chief examination affidavits of the complainant and their witnesses ,the learned trial Court Judge rightly dismissed the CC for non-prosecution. Considering the submissions made, and on perusal of the material on record, the appellant herein filed a private complaint against respondent No.1 for the offence punishable under Section 138 of N.l. Act, 1881 reporting dishonor of cheque. The learned trial Court Judge dismissed the complaint for non-prosecution on 08.11.2024. It appears that the matter is posted on the given date for filing chief examination affidavits of the complainant and their witnesses. It is needless to say that a fair opportunity should be given to the parties to prove their respective contentions before the Court. The absence of the complainant on the given date is 3. 4. 5. 3 supported by the medical evidence by producing the same before this Court. 6. In the light of the aforesaid reasons, it is apposite to allow this appeal by setting aside the impugned judgment dated 08.11.2024 passed in C.C.N0.967 of 2023 by the trial Court. In the result, the appeal is allowed and the judgment dated 08.11.2024 passed in C.C.No.967 of 2023 on the file of Additional Junior Civil Judge, Jaggayyapeta, is set aside and the matter is remanded to the trial Court for fresh consideration. The learned trial Court Judge is further requested to dispose of the case as expeditiously as possible. Learned counsel representing both the parties before this Court requested to direct their parties to appear before the trial Court on 23.01.2025, without fail. 7. 8. SD/- E.KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Additional Judicial Magistrate of First Class cum Additional Junior Civil Judge, Jaggayyapeta, Krishna District. 2. One CC to Sri. T B L Murthy Advocate [OPUC] 3. One CC to Sri. Sasanka Bhuvanagiri Advocate [OPUC] 4. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravati. 6. Three CD Copies SAM TAC HIGH COURT DATED:08/01/2025 JUDGMENT CRLA.No.836 of 2024 ALLOWING THIS CRIMINAL APPEAL