/ lN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATl FRIDAY ,THE TWENTY FIRST DAY OF MARCH ,`+f'{~-: TWO THOUSAND AND TWENTY FIVE PRESENT i, -~1`-in HREEE E= THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 78 OF 2025 Appeal under Section 378(4) of Cr.P.C against the order dated 24.10.2024 passed in C.C No.140 of 2018 on the file of the Principal Civil Judge (Junior Division)-Gum-Judicial First Class Magistrate: Tirupati and restore the C.C No. 140 of 2018 on the file of the Principal Civil Judge (Junior Division) -Gum-Judicial First class Magistrate, Tirupati. Between : V M Subramanj, S/o V. Malll-karjuna Chetty, aged about 51 years, R/o. D. No.22-9-58/A2, SBI Colony, Renigunta Road, Tirupati Town, Tirupati District ...Appellant/Complainant AND 1. S Anand Babu, S/o Kalappa, aged about 40 years, R/o. D. No.18-2- 292/164, Abbanna Colony, Tirupati town, Tirupati District ... Respondent/Accused 2. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh At Amaravathi ...Respondent tr Counsel for the Appellant: Sri Kanderi Chethan Counsel for Respondent No.1 : -- Counsel for Respondent No.2: Assistant Public Prosecutor The Court made the following: lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 78/2025 AND Between : V M Subramani S Anand Babu and Others Counsel for the Apellant: 1.KANDERI CHETHAN Counsel for the Respodent(S): 1.PUBLIC PROSECUTOR 2. The Court made the following: JUDGMENT: ...APELLANT ...RESPODENT(S) The present criminal appeal has been filed by the Appellant / Complainant seeking to set aside the Order dated 24.10.2024 passed in c.c.No.140 of 2018 on the file of learned Principal Civil Judge (Jun'lor Division)-Gum-Judicial First Class Magistrate, Tirupati and to restore the same. 2. Heard Sri Kanderi Chethan, learned counsel forthe aPPellant. 3. Learned counsel for the aPPellant WOuld submit that the notice Which was sent to the respondent/accused is returned as no such person. Learned counsel would further submit that the notice tO the respondent may be dispensed with since the accused did not choose to appear before the trial court and their case was dismissed for non-prosecution for non-payment of continuous batta. Learned counsel would further Submit that the absence Of the complainant before the trial Court is not intentional. That was due to unavoidable circumstances and matter is coming for payment of batta for execution of warrant against the respondent/accused. Learned counsel would submit that a fair opportunity may be given to the complainant to prosecute his case. The subject cheque is for Rs.4,OO,00O/-. Learned counsel finally prays to allow the appeal. 4. Considering the submiSSiOnS made and On Perusal Of the material On record, the impugned judgment which would show that the complainant called absent, batta not paid, despite the conditional order for non-payment of process, the complaint was dismissed for non-prosecution. 5. Taking into cons'lderatiOn the reasons for absence Of the COmPlainant and also for non-payment of batta for execution of non-bailable warrant against the accused, the criminal Appeal is liable to be allowed. 6. ln the result, the Criminal Appeal is allowed. The impugned judgment is set aside. The matter is remanded to the trial court for fresh consideration. The complainant shall appear before the trial court on o3.04.2025 and shall prosecute his case without fail. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Tol Sd/-S.V.S.R.MURTHY J ::"¥Rc:: 1. The Prl'ncipal civil Judge (Junior Division)-Cum-Judicial First class Magistrate, Tirupati, Chittoor District (by Speed Post) 2. One CC to Sri. Kanderl® Chethan, Advocate [OPUC] (by Speed Post) 3. Two CCs to the public prosecutor, High Court of Andhra Pradesh [OUT] 4. Three CD Copies Stu Sree HIGH COURT DATED:21/03/2025 JUDGMENT CRLA.No.78 of 2025 O2 APR 2025 Cu,rent see,lan ALLOWING THE CRIMINAL APPEAL