APHC010664532009 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: 1143 OF 2009 Between: 1. BHAGYA LAKSHMI AGENCIES, Rep. by its Prop. Smt. T. Bhagya Laxmi Rep. by its GPA holder Sri Talluri Venkateswar Rao Palakol. ...Petitioner AND 1. M/S SRI SAI CONSTRUCTIONS, Rep. by its Managing Partner M.V.S. Krishnam Raju Lankalakoderu 2. M V S Krishnam Raju, S/o. Venkata Narasimha Rao Business Lakdikapool Hyderabad. 3. The State of A P, Rep. by the Public Prosecutor High Court of A.P., Hyderabad. ...Respondents Counsel for the Petitioner: P DURGA PRASAD Counsel for the Respondents: PUBLIC PROSECUTOR (AP) 2 The Court made the following JUDGMENT: 1. Sri K.M.R. Bala Prasad, learned counsel representing Sri P. Durga Prasad, learned counsel for the appellant/complainant appeared. 2. The record reveals that the Appellant has failed to serve notice on the Respondent Nos.1 & 2/Accused for all these years. 3. In the circumstances, it appears that the Appellant is not interested in prosecuting the appeal against the Respondent Nos.1 & 2/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, miscellaneous petitions, if any, pending shall stand closed. ____________________________ JUSTICE ALAPATI GIRIDHAR Dt: 06.10.2026 JKS 4 76 THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL NO: 1143/2009 06.10.2026 JKS