APHC010331502010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE 6th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL NO: 96 OF 2010 Between: 1. SRINIVASA AUTO FINANCIERS, Rep by its Managing Partner, Movva Rama Seshagiri Rao, S/o. Naga Bhushanam, aged 66 years, Business and Agriculture, R/o. Sriramnagar, Nidubrolu, Ponnur Mandal,Guntur District. ...Petitioner AND 1. BHUDATI SRILNIVASU, S/o. Kotaiah, Bill Collector, Municipal Office, Narasaraopet, Guntur District. 2. State of Andhra Pradesh, rep by its Public Prosecutor, High Court of A.P., Hyderabad ...Respondents Counsel for the Petitioner: G JHANSI Counsel for the Respondents: PUBLIC PROSECUTOR (AP) 2 The Court made the following JUDGMENT: 1. The learned counsel for the Appellant submits that the Appellant/Complainant could not trace the address of the Accused to serve notice. 2. The record reveals that the Appellant has failed to serve notice on the Respondent/Accused for all these years. 3. In the circumstances, it appears that the Appellant is not interested in prosecuting the appeal against the Accused under Section 138 of N.I.Act. 4. The settled law is that the Criminal Appeals shall be disposed on merits (see Hon’ble Full Bench Judgment of Hon’ble Supreme Court of India in Bani Singh and others v. State of U.P.1, (1996)4 SCC 720), but when the Appellant could not serve notice on the Accused for all these years. In the absence of service of notice on the Accused, this Court cannot proceed to hear the matter and dispose on merits without affording an opportunity to the Accused. 5. Thus, this Court could not decide the Appeal on the impugned judgment in the absence of service of notice on Respondent /Accused. Thus, the Appeal is liable not only to be dismissed for non-prosecution by invoking inherent powers, but also to be held that the Appellant contributed to the pendency of the Appeal for all these years by failing to pursue to serve notice on the Accused. Thus, the Appeal is dismissed for non-prosecution in the circumstances. 1 (1996) 4 SCC 720 3 As a sequel, all pending miscellaneous applications, if any, shall stand closed. _________________________ JUSTICE ALAPATI GIRIDHAR Dated : 06.10.2026 JKS 4 THE HON’BLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL No.96 of 2010 06.10.2026 JKS