IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 604 OF 2023 Appeal under Section 378 of Cr.P.C praying that the High Court may be pleased to set-aside the impugned Order, dated 31-05-2023 passed in CC No.260 of 2018 by the III Additional Magistrate Court at Visakhapatnam and direct the Court below to proceed the further proceedings in CC No. 260 of 2018 on merits. Between: B.Sanjay Anand, S/o.P.Anand Rao, aged about 42 years. Occupation: Business, R/o.H.No.234/4, 1-84-14 Visakhapatnam, Andhra Pradesh. Sector-4, MVP Colony, ...Appellant/Complainant AND 1. M/s.Mana Automobiles, rep. by its Managing Parnter V.Sai Pavan Kumar Reddy, S/o.V.Subba Reddy, aged about 36 years. Occupation: Managing Partner Mana Automobiles, Plot No.61, Sy.No.61-1A-1, Kakkalapalli Village, Ramnagar, Anantapuram, Andhra Pradesh - 515 004. 2. V.Sai Pavan Kumar Reddy, S/o.V.Subba Reddy, aged about 36 years, Occupation:Managing Partner Mana Automobiles, H.No.3-812-1, 2’"'^ cross, Tapovanam, AP Grameena Bank, Georgepet, Anantapur, Andhra Pradesh-515004. ...Respondents/Accused 3. The State of Andhra Pradesh, rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent :SRI G.VENKATA SUBBA RAJU Counsel for the Appellant Counsel for the Respondent Nos.1 & 2:- Counsel for the Respondent No.3:ASSISTANT PUBLIC PROSECUTOR The Court made the following ORDER; • j 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: 604/2023 Between: P.SANJAYANAND ...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.260 of 2018 dated 31.05.2023, on the file of the III Additional Metropolitan Magistrate, Visakhapatnam. Heard Sri G.V.S.Raju, learned counsel for the appellant. 2. The notice that was sent to the respondent/accused was returned un- 3. 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. 519 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.260 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 placed on record, this Court is of the view that the accused did made and a fair look at the material not make his matter was coming up for execution The impugned judgment indicates appearance before the trial Court and the of the Non-Bailable Warrant. that the complainant showed no interest in prosecuting the matter for the the Non-Baiiable Warrant, despite the conditional execution of 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/-, The matter is remanded back this Criminal Appeal is allowed, 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 expeditiously as possible by taking all case as necessary steps to secure the presence of the accused. even by appointing an Advocate Commissioner for execution of the Non-Bailable Warrant issued against the accused. As a sequel thereto, miscellaneous the petitions pending, if any, shall stand closed. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, Visakhapatnam, Magistrate, III Additional Metropolitan Visakhapatnam District. (With records) 1. The 2. One CC to Sri G.Venkata Subba Raju, Advocate [OPUC] Public Prosecutor, High Court of Andhra Pradesh at 3. Two CCS to the Amaravati.[OUT] 4. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravati. 5. Three CD Copies BSV vna HIGH COURT DATED:29/04/2025 JUDGMENT CRLA.No.604 of 2023 0 5 MAY 2025 . Current section ^ ^'S^SPATC«f5^ ^JJ o ALLOWING THE CRIMINAL APPEAL BY REMANDING BACKTHE MATTER