APHC010733202012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3605] THURSDAY, THE 3rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL NO: 915/2012 Between: 1. NUTHIKATTU SIVA PRASAD, S/O SATYANARAYANA BUSINESS R/O VASANTHARAYAPURAM GUNTUR TOWN, GUNTUR DISTRICT ...APELLANT AND 1. THE STATE OF AP ANOTHER, REP BY ITS PUBLIC PROSECUTOR HIGH COURT OF AP., HYDERABAD 2. SARIDHANA VENKATA SUBBA RAO, S/O SEETHA RAMAIAH H.NO.9-225/A, S.V.N.COLONY EXTENSION, TARAKARAMA NAGAR, GUNTUR ...RESPODENT(S): Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to present this memorandum of the Criminal Appeal against the Judgment dt 25.04.2012 made in Crl.A No.413/2011 on the file of the Court of the II Addl. District Judge, Guntur reversing the Judgment and sentence dated 15.10.2011 made in CC No.110/2010 on the file of the Court of the Special JFCM., for Prohibition and Excise , Guntur IA NO: 1 OF 2012(CRLAMP 1735 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 45 days in Filing the appeal before this Hon’ble Court against the Judgment dated 25.04.2012 made in Crl.A No.413 of 2011 on the file of the Court of II Addl. District Judge, Guntur, Guntur District and pass IA NO: 2 OF 2012(CRLAMP 1931 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave in filing the above appeal before this Hon'ble Court against the Judgment dt.25-04-2011 made in Crl.A.No.413 of 2011 on the file of the Court of the II Addl. Dist. Judge, Guntur, Guntur District. Counsel for the Appellant: 1. G V S MEHAR KUMAR Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: THE HON’BLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL NO. 915 OF 2012 The Court made the following JUDGMENT: 1. Learned counsel for the Appellant/Complainant submits that the Accused has not traced, even by the police. Hence, he could not serve notice on the Accused and left the matter to the Court. 2. The Court perused the record and it reveals that the Appeal was filed challenging partly allowing of the Appeal by the II Additional Sessions Judge, Guntur, wherein the sentence of imprisonment of one (1) year imposed by the Magistrate is set aside but maintained imposition of fine of Rs.10,000/- under Section 138 of Negotiable Instruments Act. 3. The Proceeding Sheets reveal that the Complainant could not serve the notice on the Respondent No.2/Accused for all these years despite opportunities. It is also submitted by the learned Counsel that the Accused could not be traced to serve the sentence. 4. The settled law is that the Criminal Appeals shall be disposed on merits (see Hon’ble Full Bench Judgment of Hon’ble Supreme Court of India in Bani Singh and others vs State of U.P.1, (1996)4 SCC 720), but when the Appellant could not service on the Accused for all these years, this Court could not decide the Appeal on merits without giving him an opportunity to submit hearing. 1 (1996) 4 SCC 720 5. Thus, this Court could not decide the Appeal on the impugned order in the absence of service of notice on Respondent No.2/Accused. Thus, the Appeal is liable not only 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 by failing to pursue service of notice on the Accused. Thus, the Appeal is dismissed for non-prosecution. 6.As a sequel, the pending Interlocutory Applications, if any, shall stand closed. ______________________________ JUSTICE ALAPATI GIRIDHAR Date : 03-09-2026 BMS/CHD