IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 38 OF 2023 Appeal under Section 378(4) of Cr.P.C, against the Judgment C.C.No. 645 of 2019, dt.10-03-2022 on the file of the Additional Judicial Magistrate of First Class, Gudur SPSR Nellore District now Tirupathi District. in Between: Pannuru Kiran Kumar, S/o. Late Seshaiah, aged about 41 years, Occ; Private Employee, R/o. Gudur Town and Mandal, SPSR Nellore District, now Tirupathi District. ...Appellant/Complainant AND 1. Jadpalli Harikrishna Prasad, S/o Siddaiah, aged about 38 years, Occ: Business, R/o. D.No.2-277, Narasingarao Peta, Back side of S.R.A. Takies, West Gudur Town and Mandal, SPSR Nellore District Tirupathi District. The State of Andhra Pradesh, rep by its P.P, High Court at Amaravathi. now 2. ...Respondents/Accused Counsel for the Appellant: Ms. G. Sree Deepthi representing Sri P. Ganga Rami Reddy Counsel for Respondent No.1: None Appeared Counsel for the Respondent No.2: Ms. K. Priyanaka Lakshmi, Assistant Public Prosecutor The Court made the following: 1 s APHC010020392023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] m FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 38/2023 Between: Pannuru Kiran Kumar ...APELLANT AND Jadpalli Hari krishna Prasad and Others Counsel for the Apellant: ...RESPODENT(S) 1.P GANGA RAMI REDDY Counsel for the Respodent(S): 1. PUBLIC PROSECUTOR (AP) 2. The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL APPEAL NO: 38/2023 PRATAPA JUDGMENT: This Criminal Appeal is filed aggrieved by the judgment dated 10.03.2022 in C.C.No. 645 of 2019 on the file of Additional Judicial Magistrate of First Class, Gudur, SPSR Nellore District now Tirupathi District. 2. Heard Ms. G.Sree Deepthi, learned counsel representing Sri P.Ganga Rami Reddy, learned Counsel for the appellant/complainant and Ms. K.Priyanka Lakshmi, learned Public Prosecutor on behalf of the State. Notice has been delivered to the respondent/accused. None represented. Learned Counsel for the appellant would submit that there i- - - 3. IS no deliberate intention on the part of the Complainant on the given date not to appear before the Trial Court. Because of Covid time, the appellant could not appear before the Trial Court on the given date. Appellant has got very much interest to prosecute his case. The subject cheque is worth of Rs.3,00,000/- (Rupees Three Lakhs only). One more opportunity may be given to the complainant to prosecute his case by imposing any conditions. Learned Counsel would furtlier submit that the respondent/accused having the noticed. received did not choose to appear and submit any objections Complainant was not informed about the date of hearing appear before the Court. A fair chance may be given to the Complainant to The so that he can prosecute his complaint. 3 Assistant Public Prosecutor would submit that the Court may Learned 4. riate Orders. Considering the submissions record, the impugned judgement pass approp material on made and on perusal of the 5. called absent before shows the Complainant the Court. None represented the matter Accused appeared before the Court dismissed the complaint for default. The im impugned Judgment of the Learned Judge and need for appearance matter the stage of the does not show Complainant on the given date fair opportunity to Be that as it may, to give a the appeal is allowed subject to the Complainant to prosecute his case of Rs.5,000/- to the respondent/Accused the before the Trial payment of costs Court on or before 01.04.2025. allowed. The matter is remanded to of costs of Rs.5,000/- dent/Accused before the The impugned Crder is set aside, expeditiously In the result, the Criminal Appeal is disposal subject to payment 6. Trial Court for fresh the Five Thousand Cnly) to the to the respon (Rupees Trial Court on or Learned Trial Judge is requested to dispose possible by giving notice to the . _ before 01.04.2025. as of the case as accused without granting any adjournment in a casual way by mere asking, sequel thereto, miscellaneous shall stand petitions pending, if any As a closed. Sd/- S.V.S.R. MURTHY JOINT REGISTRAR //true copy// SECTION OFFICER To, Gudur, SPSR Nellore 1. The Additional Judicial Magistrate of First Class District. 2. One 3, Two CC's to The Public Prosecutor, High Court Amaravati [OUT] 4. Three CD Copies CC to Sri P. Ganga Rami Reddy Advocate [OPUCl of Andhra Pradesh at SAM Cnr SAM high court OATED:21/03/2025 JUDGMENT CRLA.No.38 of 2023 't X 2 1 MAR 2025 ^ . Current Section ^ OYm allowing the CRINIINAL appeal with costs