IN THE HIGH COURT OF ANDHRA PRADESH :: % FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT the honourable dr justice VENKATA JYOTHIRMAI CRIMINAL APPEAL NO: :K7A hf 0005 :: AMARAVATI PRATAW Appeal under Section 419 (4) BNSS and Section 378(4) of Cr P C aggrieved by the Judgment in CC No. 1279 of 2018 dated 08.04.2025 the file of Court of the on Special Judicial Magistrate First Class for in acquitting the accused for the offence (Prohibition and Excise), Kurnool i under section 138 Nl Act' Between: G. Sathyanarayana, Late S/o G. Proprietor Green Planet NC District, Telangana State. Gopal, Aged about 48 years, Occ; 1. Shanthi Nagar, Jogulamba Gadwal •■■Appellant/Complainant 1. state Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P, Amaravathi. AND „ , ■■•■Respondent No.1 . Mekala Narashimhulu, Aged about 45 years, No.85, Proprietor, Sri Raghavendra Pesticides Ayyavaripalle Village, Veepanagandal Mandal Wanaparty District, Telangana State -Respondent No.2/Accused Counsel for the Appellant: Counsel for the Respondent No.1: The Court made the following: SRI SHAIK ASIF PUBLIC PROSECUTOR 1 APHC010251452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] >.r- •ii! Hgrs FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 374/2025 Between: G Sathyanarayana ...APELLANT AND State Of Andhra Pradesh and Others Counsel for the Appellant: 1.SHAIKASIF Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR ...RESPODENT{S) The Court made the following: JUDGMENT: The present criminal appeal has been filed by the Appellant / complainant seeking to set aside the acquittal order dated 08.04.2025 passed in C.C.No.1279 of 2019 on the file of learned Special Judicial Magistrate of First Class for (Prohibition and Excise), Kurnool. 2 2. Heard Sri Shaik Asif, learned counsel for the appellant and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. This appeal is preferred impugning the order passed in C.C.No.1279 of 2019, dated 08.04.2025 on the file of learned Special Judicial Magistrate of First Class for (Prohibition and Excise), Kurnool, wherein the complaint which was filed by the appellant herein for the offence punishable under Section 138 of the Negotiable Instruments Act against the accused, was 3. dismissed for default. Learned counsel for the appellant would submit that the complainant could not pay the continuation batta despite the conditional order passed. Learned counsel finally submits that one more opportunity may be given to the appellant to pursue his case. As the accused did not make appearance before the trial Court, the notice to the respondent / accused is dispensed with. 4. Considering the submissions made, as the complaint was dismissed for non-prosecution for non-payment of continuation batta for execution of non-bailable warrant against the accused, in the interest of justice, to give a fair opportunity to the appellant / complainant, this Court is inclined to allow the Criminal Appeal. 5. 3 In the result, the Criminal Appeal is allowed. The impugned order C.C.No.1279 of 2019 on the file of learned of First Class for (Prohibition and Excise), 6. dated 08.04.2025 passed in Special Judicial Magistrate Kurnool, is hereby set aside. The matter is remanded to the trial Court for fresh disposal according to law. The complainant is directed to take all commissioner for execution necessary steps for appointment of Advocate of non-bailable warrant. In case, the appellant / complainant fail to pursue the matter, the learned trial Judge may dispose of the case without further adjournments. Learned counsel for the appellant is requested to inform his the next date without fail i.e. on client to appear before the trial Court on 27.06.2025 to pursue the matter. Office is directed to communicate the order forthwith, miscellaneous petitions pending, if any, shall stand As a sequel thereto closed. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// N OFFICER S To, of First Class for Prohibition and Excise, 1 The Special Judicial Magistrate Kurnool, Kurnool District. (With Record) 2 Sri Mekala Narashimhulu, Aged about 45 years Ayyavaripalle village Veepanagandal Mandal No.85, Proprietor, Sri Raghavendra Pesticides Wanaparty District, Telangana State. Sri Shaik Asif, Advocate [OPUC] 3. OneCCto 4. Two CCS to the Public Prosecutor, 5. The Section Officer, Criminal Section, 6. Three CD Copies High Court of Andhra Pradesh [OUT] High Court of Andhra Pradesh. HIGH COURT DATED: 20/06/2025 ORDER CRLA.No.374 of 2025 ALLOWING THE CRIMINAL APPEAL