APHC010013632026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.No.1 of 2026 IN/AND CRIMINAL REVISION CASE NO: 36/2026 Between: MALLELA RATNA RAJU, S/O SESHAIAH, AGED ABOUT 35 YEARS,R/O H.NO.1-156, YADAVAPALEM,KOTHAKAVURIPALEM, GAVINIVARIPALEM,CHIRALA, BAPATIA DISTRICTOLD PRAKASAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH. 2. SHRIRAM CITY UNION FINANCE LTD, CHIRALA,REP. BY ITS AUTHORISED PERSON,G.SIVANNARAYANA, S/O MADHUSUDAN RAO,AGED ABOUT 37 YEARS, EMPLOYEE, R/O CHIRALA, BAPATLA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. PHANI KIRAN.M Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: The instant Criminal Revision Case under Section 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner / Accused seeking to set aside the judgment dated 2 08.02.2023 passed in Criminal Appeal No.186 of 2016 by the learned Judge, Family Court –cum-VIII Additional District and Sessions Court, Prakasam at Ongole confirming the judgment dated 12.07.2016 passed in C.C.No.289 of 2012 by the learned Additional Judicial Magistrate of First Class, Chirala. 2. I.A.No.1 of 2026 is filed by the Petitioner seeking to condone the delay of 970 days in filing the above Criminal Revision Case. 3. Heard Sri M.Phani Kiran, learned counsel for the Petitioner and Sri K.Sandeep, learned Assistant Public Prosecutor for State. 4. Learned counsel for the Petitioner would submit that there is a delay of 970 days in preferring the revision against the impugned judgment dated 08.02.2023 passed in Criminal Appeal No.186 of 2016 by the learned Appellate Judge. Learned counsel would further submit that the Petitioner was convicted by the learned trial Judge vide judgment dated12.07.2016 in C.C.No.289 of 2012 for the offence under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced to undergo simple imprisonment for a period of six months and to pay the cheque amount of Rs.61,675/- towards compensation to the Complainant. The learned Appellate Judge while confirming the said judgment in Crl.A.No.186 of 2016, dated 08.02.2023, directed the Petitioner herein to surrender before the trial Court within 15 days from the date of the said 3 judgment, to undergo the sentence. Learned counsel would further submit that the Petitioner could not surrender before the trial Court. 5. Learned Assistant Public Prosecutor opposed the petition stating that, despite the opportunity which was given by the learned Appellate Judge to surrender before the trial Court within 15 days, the Petitioner disobeyed the order of the Court and came up with the present revision case with an inordinate delay of 970 days, without any sufficient case. Hence, prayed to dismiss the petition. 6. Considering the submissions made and a bare perusal of the contents of the affidavit would show that the Petitioner has been suffering from serious health issues. However, no scrap of paper is filed to support such contention. In that view, this Court does not find any reason to condone the inordinate delay of 970 days in filing the revision case, much less for issuance of notice to Respondent No.2 / Complainant. 7. In that view, I.A.No.1 of 2026 is dismissed. Consequently, the Criminal Revision Case No.36 of 2026 is also dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:19.01.2026 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.No.1 of 2026 IN/AND CRIMINAL REVISION CASE NO: 36/2026 Dt.19.01.2026 Dinesh