APHC010003082026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 53/2026 Between: 1. GOGANA JAWAHAR BABU, S/O. SURYANARAYANA, AGED ABOUT 60 YEARS,R/O. RISHI NILAYAM, RAMACHANDRA NAGAR,TIRUPATI, TIRUPATI DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. PATHELLA HANUMAYAMMA, W/O. PATHELLA BALA KOTAIAH, AGED ABOUT 60 YEARS,R/O. D.NO.11-57, CHALLAVARIPALEM VILLAGE,NALLAPADU, GUNTUR, GUNTUR DISTRICT, A.P. ...RESPONDENT(S): Revision filed under Section 397/401 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to pleased to allow the Revision Petition by setting aside the order passed by the Hon'ble Judicial Magistrate of First Class, Special Mobile Court, Guntur, Guntur District in Crl.M.P. No. 2850 of 2025 in C.C. No. 1978 of 2024 dated 27.11 .2025. 2 Counsel for the Petitioner: 1. NANDA KISHORE KONDURI Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 53 of 2026 Order: This Criminal Revision Case, under Sections 397 and 401 Cr.P.C./ Sections 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’),, has been filed by the petitioner to set aside the order dated 27.11.2025 passed in Crl.M.P.No.2850 of 2025 in C.C.No.1978 of 2024 by the learned Judicial Magistrate of First Class, Special Mobile Court, Guntur. 2. Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. 3. Learned counsel for the petitioner submits that the petitioner here is the accused facing trial in C.C.No.1978 of 2024 for the offences punishable under Section138 of the Negotiable Instruments Act. Since the petitioner could not appear before the Court on 31.10.2025, a Non-Bailable Warrant was issued against him. Thereupon, the petitioner filed Crl.M.P.No.2850/2025 seeking to recall the NBW issued against him. 4. While considering the said petition, vide orders dated 27.11.2025, the petitioner was directed to appear before the trial Court on each and every adjournment without fail. Learned counsel for the petitioner further submits that the petitioner has been suffering from a brain stroke since 2020 and, therefore, seeks relaxation of the said condition. 4 5. Learned Assistant Public Prosecutor takes notice on behalf of State. 6. Considering the submissions made by the learned counsel for the petitioner, the Criminal Revision Case is disposed of with the following directions: a) The petitioner shall file an appropriate petition before the trial Court condonation of his absence through his counsel by assigning reasonable cause, and the learned trial Judge shall consider the same in accordance with law. b) The learned trial Judge is further directed to dispose of C.C.No.1978 of 2024 as expeditiously as possible, without granting any adjournments in a casual manner. As a sequel thereto, the miscellaneous petitions, if any, pending shall stand closed. ______________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.01.2026 ARB 5 1 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 53 of 2026 Date: 21.01.2026 ARB