IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL APPEAL NO: 541 OF 207? Appeal filed under Section 378 (4) d of Cr.P.C, against the Judgment of the Fourth Additional Judicial Magistrate of First Class, Kakinada in C.C.No.972 off 2019 dated 30-08-2022. PRATAP, and sentence passed by the learned In The Court Between: Andhra Bank a Banking Constituted under Bankiing Companies (Acquisition and Transfer of Under Taking) Act, 1980 having its Head Office at Dr.Pattabhi Bhavan, Saifabad places a Branch at Yanam Andhra Bank, Yanam, who Complainant, Yanam J.C.J. Court's limits, Pondicherry State. Hyderabad, and amongst other represented by its Branch Manager of is duly authorized to sue on behalf of ...Complainant/Appellant AND 1. M/s. Sri Venkatarama Agro Tech Chowdary, S/o Paddaraju, Managing Director Yanam. 2. Mr.Ch.V.V.i^admakara Chowdary, S/o Paddaraju, aged 56 Managing Director, D.No. 6-88, Adavipalem, Yanam. represented by Mr. Ch.V.V.Pdmakara D.No.6-88, Adavipalem, years 3. Chekuri FRamarao, S/o Paddaraju, Aged 78 years, 8-1-73, Zicriya Nagar, Main Road, Yanam. 4. Chekuri Rani, W/o Ch.V.V.Chowdary, aged 51 years, R/o D.No. 8-1-73, Zicriya Nagar, Main Road, Yanam. 5. The State of A.P., Rep., by its P.P., Neelapadu, High Court of A.P., Amaravathi. ...Accused/Respondents lA NO: 1 OF 2022 Petition under Section 378 (4) Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant Special Leave to file an Appeal against the Judgment of Acquittal in C.C.No.972 of 2019 on Dated 30-08-2022 on the file of the In The Court of the Fourth Additional Judicial Magistrate of First Class, Kakinada. Counsel for the Appellant: Sri P N Murthy Counsel for the Respondents Nos.1 to 4: Sri Josyula Bhaskara Rao Counsel for the Respondent No.5: Public Prosecutor The Court made the following: r» APHC010609632022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 541/2022 Between: Andhra Bank ...APELLANT AND M/s Sri Venkatararna Agro Tech and Others Counsel for the Apellant: ...RESPODENT(S) 1.P N MURTHY Counsel for the Respodent{S): 1. PUBLIC PROSECUTOR (AP) 2.JOSYULA BHASKARA RAO The Court made the following; 2 ORDER This Criminal Appeal is filed aggrieved by the judgment and sentence passed in C.C.972 of 2019 dated 30.08.2022 by the learned IV Additional Judicial Magistrate of I Class, Kakinada. Heard Sri P.N.Murthy, learned counsel for the appellant, Sri Josyula 2. Bhaskara Rao, learned counsel for the respondent Nos.1 to 4 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. Learned counsel for the appellant would submit that although the complainant was pursuing his case before the trial Court, he could not appear on the given date which made the trial Court to dismiss the complaint for non prosecution. Learned counsel would further submit that the absence of the complainant on the given date was neither deliberate nor intentional and a fair opportunity may be given to the complainant to prosecute his complaint which is filed under Section 138 of N.l. Act against the respondent Nos.1 to 4. Learned counsel would finally submit that immediately after the impugned order was passed, the complainant filed the present appeal that itself shows his diligence in prosecuting the matter. Learned counsel for the respondent Nos.1 to 4 opposed the appeal. Learned counsel would submit that the appellant failed to comply with the conditional order passed by the trial court. Despite the conditional order, he did not choose to appear before the trial Court. The present appeal is filed without assigning any reason for his absence. In a causal manner, the appeal 3. 4. 3 cannot be entertained. Learned counsel would finally submit that the appeal is liable to be dismissed. Considering the submissions made and a fair look at the impugned 5. order passed, as rightly put by the learned counsel for the respondent Nos.1 to 4, despite the conditional order passed the complainant could not appear before the trial Court. At the same time, a keen perusal of the impugned order would show that the order is bereft of reasons as to how the presence of the complainant on the date is important and especially when the matter was coming up for his evidence. The order is also silent regarding the stage of the matter. It is beneficial to refer the judgment of the Hon’ble Supreme Court in BLS Infrastructure Limited Vs. Rajanath Singh and Others^ . In the light of the legal position referred supra, coming to the factual matrix of the present case, simply because complainant was absent on the given date, the complaint need not be dismissed unless his presence is warranted on that particular date. As the impugned order is devoid of such references, the appeal deserves to be allowed. In that view, the appeal is allowed. Learned counsel representing both 6. parties is requested to instruct their respective parties to appear before the trial Court on 10.02.2025 to pursue their respective cases. Learned trial Judge is directed to dispose of the matter as expeditiously as possible without granting any adjournment in a casual way by mere asking. This Court makes it ‘ (2023)4SCC326 4 ' T clear that the learned trial Judge need not issue any notice to the parties. The parties are directed to appear before the trial Court on 10.02.2025. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- E KAMESWARA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Fourih Additional Judicial Magistrate of First Class, Kakinada, East Godavari District, (by speed post) 2. One CC to Sri P N Murthy Advocate [OPUC] 3. One CC to Sri Josyula Bhaskara Rao Advocate [OPUC] 4. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh Amaravati [OUT] 5. The Section Officer, Criminal Section, High Court of Andhra Pradesh Amaravati. 6. Three CD Copies To, at at SAM sree • *1^ HIGH COURT 1. ^'DATED:24/01/2025 •• 1 »■ > \m \ •,x •i. ORDER X 0 5 FES 2025 CRLA.No.541 of 2022 ( cnK ■X<D ^ Currant Section ^ ALLOWING THE CRIMINAL APPEAL