APHC010200982007 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3605] MONDAY, THE 17th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL NO: 1494/2007 Between: 1. DOKALA DEMUDU,S/O DEMUDU, TEACHER, R/O PENDURTHY, VISAKHAPATNAM DISTRICT. ...APPELLANT AND 1. KADIYAM SRINIVASA RAO, S/O K. PRABHAKARA RAO, AGED ABOUT 35 YEARS, PHARMACIST, PHC, (GOVT. HOSPITAL), PENDURTHY, VISAKHAPATNAM DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. ...RESPODENT(S): Counsel for the Apellant: 1. P DURGA PRASAD Counsel for the Respodent(S): 1. 2 The Court made the following JUGMENT: 1. None appeared for the Appellant. 2. The Trial Court Record has received. The material on record reveals that the Complaint is filed under Section 138 of the Negotiable Instruments Act. 3. The Trial Court, in its Judgment dated 13.06.2007, recorded that the Complainant was absent, and the Accused was present. There was no representation for the Complainant despite the Trial Court’s direction to get ready for the trial and the Complainant is not ready for trial and he isnot interested in pursuing the case, and the Accused was acquitted. The complaint was dismissed under Section 256 of Cr.P.C and the Accused was acquitted. Challenging the same, the appeal is filed. 4. The material on record reveals that the Complainant/Appellant could not serve the notice on the Respondent No.1/Accused for about 19 years. The Appellant could not pursue the Appeal. Further, the Trial Court’s Judgment is also not on the merits of the case. Thus, this Court could not decide the Appeal on the impugned order in the absence of service of notice on the Respondent No.1/Accused. When the Appellant even could not serve notice on the Respondent No.1/Accused in the Appeal for all these years despite many opportunities, the Appeal is not only liable to be dismissed for non-prosecution by invoking inherent powers but also to be held that the Appellant contributed to the long pendency of the Appeal for all these years without due prosecution. Thus, the Appeal is dismissed for non-prosecution. Miscellaneous petitions, if any, pending shall stand closed. ____________________________ JUSTICE ALAPATI GIRIDHAR Dt: 17.08.2026 BMS/JKS 3 THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL NO: 1494/2007 17.08.2026 BMS/JKS