f APHC010314472007 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL APPEAL NO: 963 OF 2007 Appeal under Section 378(4) of Cr.P.C, aggrieved by the Judgment i on the file of the Chief Metropolitan in CC.No. 602 of 1999, dated 06-07-2006 Magistrate, Vijayawada. Between: Vijayawada Roller Flour Mills, Registered Firm Partner, Chitturi Pulla Rao, S/o Brahmaiah, aged 55, Business Market, Vijayawada rep. by its Managing Jaihind ...APPELLANT/COMPLAINANT AND 1. Iswaraya Foods Pvt Ltd rep, by its Managing Director, Maddi Durga Nageswara Rao, S/o Seshavataram, Hindu aged 48 yrs. Business D.No. 32-36-12, Pratibha Niketan Street, Machivaram ...RESPONDENT N0.1/ACCUSED N0.1 2. Maddi Durga Nageswara Rao, S/o Seshavataram, Business, D.No. 32-36-12, Pratibha Niketan Street, Machivaram, Vijayawada ...RESPONDENT N0.2/ACCUSED N0.2 f 3. Padarthi Sai Rageswara Rao, years S/o Neelakantiah, Hindu, aged about 48 . R/o Prathibha Niketan Occ.Director, Business Machivaram, Vijayawada. (Case against A1 and A2 and dated 08-03-2006) Street, are separated with C.C No.154 of 2006 ...RESPONDENT N0.3/ACCUSED N0.3 4. The State of Andhra Pradesh, of A.P., at Amaravathi rep. by its Public Prosecutor, High Court ...RESPONDENTS Counsel for the Appellant : representation Counsel for the Respondent No.4 ; PUBLIC PROSECUTOR The Court made the following JUDGMENT ; SRI ARAVINDU MATURI - NO i APHC010314472007 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL APPEAL NO: 963 OF 2007 Between: 1.VIJAYAWADA ROLLER FLOUR MILLS,, REGISTERED FIRM, REP. BY ITS MANAGING PARTNER, CHITTURI PULLA RAO, S/0 BRAHMAIAH, AGED55, BUSINESS, ...APELLANT AND 1.ISWARAYA FOODS PVT LTD 3 OTHERS, REP, BY ITS MANAGING DIRECTOR, MADDI DURGA NAGESWARA RAO, S/0 SESHAVATARAM, AGED 48 YRS, OCC: BUSINESS, D.NO. 32-36-12, 2.MADDI DURGA NAGESWARA RAO, S/0 SESHAVATARAM, BUSINESS, D.NO. 32-36-12, PRATIBHA NIKETAN STREET, MACHIVARAM, 3.PADARTHI SAI RAGESWARA RAO, S/0 NEELAKANTIAHA, DIRECTOR, BUSINESS, R/0 PRATHIBHA NIKETAN, STREET, MACHIVARAM, VIJAYAWADA, (CASE AGAINST A1 AND A2 ARE SEPARATED WITH 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., AT HYDERABAD. ...RESPODENT(S): Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to to prefer this Memorandum of CrI.A., aggreived by the Judgment in CC.No. 602 of 1999, dt. 06-07-06 on the file of the Chief Metropolitan Magistrate, Vijayawada. 1 lA NO: 1 OF 2007(CRLAMP 306 OF 2007 i Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of (112) days in filing CrI.A., otherwise the put to irreparable loss and injury and the interest of justice. petitioner will be lA NO: 2 OF 2007(CRLAMP 353 OF 2007 Petition under Section 151 CPC . . . _ praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of (18) days in filing CrI.A., otherwise the put to irreparable loss and injury and the interest of justice. petitioner will be lA NO: 3 OF 2007(CRLAMP 1313 OF 2007 Petition under Section 151 CPC . .. „ praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pieased to gra^nt speciai leave to file an appeal against the acquittal of respondent vide Judgment passed on 06.07.06 in C.C.No. 602 of 1999, on the fiie of the Chief Metropolitan Magistrate, Vijayawada. Counsel for the Apellant: 1.ARAVINDU MATURI Counsel for the Respodent(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER:- This Criminal Appeal is filed by the appellant aggrieved by the order dated 06.07.2006 passed by the learned Magistrate, Vijayawada in C.C.No.602 of 1999. 2. No representation on behalf of the appellant/complainant, complainant has no interest to proceed with the matter. Judge, Chief Metropolitan It seems that i 3. The appeal is preferred by the Complainant against the judgment passed in C.C.No.602 of 1999 acquitting the accused No.3 for the offence under Section 138 of N.I.Act. Since the complainant is not evincing the interest to prosecute the matter, this Court has no other option except dismissing the appeal. In the result, the Criminal Appeal is dismissed. Miscellaneous petitions, if any pending, in the Criminal Appeal, shall stand closed. 4. SD/- E.KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chief Metropolitan Magistrate, Vijayawada, Krishna District (with records) 2. One CC to Sri. Aravindu Maturi Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi [OUT] 4. The Section Officer, Criminal Section, High Court of Andhra Pradesh Amaravathi 5. Two CD Copies at at stu TAC I HIGH COURT DATED-,01/08/2025 JUDGMENT CRLA NO. 963 OF 2007 DISMISSING THE CRIMINAL APPEAL