APHC010202222007 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: 1835 OF 2007 Between: 1. M/S. SRI GANESH ENTERPRISES, rep. by its authorized Agent Sri Pilli Sankara Rao, S/o. Radhakrishna, aged 46 Yeasrs, Suryaraopet, Vijayawada. ...Appellant AND 1. M/S IMPEX INTEL AND ANOTHER, rep.by its Prop /C.E.O., Mr. J.R.Sastry , D.No. 11-9-34,Plot No.56,Daspalle Hills,Visakhapatnam presently Residing at J.Ramakrishna Sastry, S/o. late Ananada Rao, R/o. D.No. 1-10--249/3, 1st Floor, 2. The State, rep. by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad ...Respondents 2 The Court made the following JUDGMENT: 1. This appeal is filed by the Complainant against the Judgment passed by the III Additional Chief Metropolitan Magistrate, Vijayawada, dated 24.09.2007 in C.C.No.287 of 2007, assailing the acquittal of the Accused under Section 138 of NI Act. Smt. B.V. Aparna Lakshmi, learned counsel for the Appellant/Complainant (appeared through video conference) submits that pursuant to the Order of this Court dated 10.07.2025, she sent a notice to the Complainant but it was returned unserved. The Appellant did not consult them. I. The brief facts: 2. The Complainant’s case is that as per the agreement in the business, the Accused is liable to pay Rs.2,61,499/- and issued a Cheque No.874388 dated 16.12.2001and the said Cheque was presented but the same was dishonoured and returned. On 29.01.2002, the Complainant got issued a legal notice but the Accused neither paid the amount nor gave any reply. 3. The record reveals that the evidence of PWs.1 & 2 was recorded and P.1 to P.19 were exhibited, also evidence of DW.1 was recorded and D.1 to D.9 were exhibited. 4. The Trial Court acquitted the Accused holding that no GPA is filed by the PW.1 to show that he was authorized by the Complainant Company to depose on behalf of the Company, further PW.1 could not prove the Cheque transaction and acquitted the accused. II. ANALYSIS: 5. The material on record reveals that Trial Court discussed the evidence and acquitted the Accused on the ground that PW.1 failed to prove the Cheque transaction, prove the guilt of the Accused and finally acquitted the Accused for the offence under Section 138 of NI Act. The 3 Appellant/Complainant did not appear before this Court despite many opportunities, to demonstrate infirmities in the Judgment of the Trial Court warranting interference in the Judgment. 6. The alleged transaction is dated 16.12.2001. C.C.No.287 of 2002 is disposed on 24.09.2007 by the Trial Court. The present appeal is filed in the year 2007. The docket proceedings show that the Appellant did not consult the Counsel or appear before this Court despite multiple opportunities. The Appellant/Complainant has duty but did not pursue the Appeal with due diligence. Thus the Appellant did not appear before this Court despite many opportunities, to demonstrate infirmities in the Judgment of the Trial Court warranting interference in the Judgment. Thus, this Court is disposing the Appeal on merits for the aforesaid reasons. Thus, the appeal is dismissed. Consequently, miscellaneous petitions, if any, pending shall stand closed. ___________________________________ JUSTICE ALAPATI GIRIDHAR, J Dt: 24.07.2026 JKS 4 79 THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL NO: 1835 OF 2007 24.07.2026 JKS