APHC010646082008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE 24th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL NO: 705 OF 2008 Between: 1. GAJULA KOTESWARA RAO, S/o Kodanda Ramaiah, Cultivation, R/o Sriramapuram Village, Nizampatnam Mandal, Guntur District. ...Appellant AND 1. KADAVAKOLLU SRINIVASA RAO ANOTHER, S/o Venkateseswarlu, cultivation & Business, R/o Sinkapalem, Nizampatnam Mandal, Guntur District. 2. The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of A.P., at Hyderabad. ...Respondents Counsel for the Petitioner: CH RAVINDRA BABU Counsel for the Respondents: PUBLIC PROSECUTOR (AP) 2 The Court made the following JUDGMENT: 1. This appeal is filed by the Complainant against the Judgment passed by the II Additional Judicial First Class Magistrate, Repalle dated 27.09.2007 in C.C.N.222 of 2005, assailing the acquittal of the Accused under Section 138 of NI Act. 2. The learned counsel for the Appellant submits that the Appellant/Complainant died on 19.09.2016, i.e., about 10 years ago. The proceeding sheets show that the Appeal has been listed from time to time before this Court for all these years as the family members of the Complainant did not give instructions to the counsel. Further, the Complainant's relatives also did not apply for leave of the Court to continue the Appeal. Thus, the Appeal to be disposed as abated in terms of Section 394 of CrPC. 3. Thus, recording the submission of the learned counsel for the Appellant, the Appeal is disposed as abated. Consequently, miscellaneous petitions, if any, pending shall stand closed. ____________________________ JUSTICE ALAPATI GIRIDHAR, J Dt: 24.07.2026 JKS 3 91 THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL NO: 705 OF 2008 24.07.2026 JKS