Petitioner sought quashing of a docket order by which his acquittal under Section 138 NI Act was reversed and he was convicted. Counsel produced the judgment dated 27.02.2024 showing the criminal appeal against the acquittal had been dismissed for default; the High Court closed the petition on that basis.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MONDAY. THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
CRIMINAL PETITION NO: 1423 OF 201S
Between:
Janga Prakash, S/o.Late Yerraiah, aged 46 years, APPC No.3194 , R/o. Quarter No.D-15/117, Police Reserve Lines, 0pp. Hotel Iswaraya Grand, Kakinada, East Godavari District.
...Petitioner/Accused
AND
Door No. 10-51-2, Eshwar Nagar, Ramanayyapeta Kakinada, East Godavari District.
...Respondents/Complainants
Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in CrI. Appeal No. 82 of 2013 on the file of VII Additional District and Sessions Judge Kakinada, East Godavari District, vide Docket Order dated 27-07-2017 in view of the Appellate Court not having any Jurisdiction to entertain the appeal against the acquittal under Section 138 of Nl Act as per the
Judgment in CrI.Petition No. 16742/2016 dated 27-10-2017 (1) HLT (CrI) 100 (DB) includes matter settled between compromise.
reported in 2018 the parties and
I.A. NO: 2 OF 2ni«
Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay of the operation of the Docket Orders passed by VII Addl. District and Sessions Judge, Kakinada, East Godavari District in Crl.Appeal.No.82/2013 vide Docket Order dated 27-07-2017 includes the execution of NBW against the petitioner/accused pending disposal of main Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri R. Siva Sai Swarup, Advocate for the petitioner and Assistant Public Prosecutor for the respondent No.1.
The Court made the following:
1
-« APHC010087002018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3333]
(Special Original Jurisdiction)
MONDAY. THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
CRIMINAL PETITION NO: 1423/2018
Between;
Janga Prakash ...PETITIONER/ACCUSED
AND
State Of Ap and Others ...RESPONDENT/COMPLAINANT(S)
Counsel for the Petitioner/accused;
1.RSIVASAI SWARUP
Counsel for the Respondent/complainant(S):
The Court made the following;
2
j !
ORDER:
r
This Criminal Petition is filed under Section 482 & 483 of Cr.P.C. seeking to quash the docket order in Criminal AppealNo.82/2013onthefileof VII Additional District and Sessions Judge, Kakinada,EastGodavariDistrict vide docket order dated 27.07.2017.
I
- The case of the petitioner is that, the 2^^^ respondentherein/c/e-/acfo complainant filed C.C.No.172 of 2012 on the file of the learned V Additional Judicial First Class Magistrate, Kakinada against the petitioner herein/accused and the said C.C.No.172 of 2012 was dismissed as the accused was found not guilty, accordingly, the petitioner herein was acquitted vide order, dated 06.02.2023.
- Aggrieved by the said order, the 2^^ respondent hereinfiledCriminal Appeal No.82 of 2013 on the file of the learned VII Additional District and Sessions Judge, Kakinada. The said Criminal Appealwasallowedvidedocket order, dated 27.07.2017. The said docket order is extracted hereunder:
“In the result, appeal is allowed by reversing the finding and judgment passed by the learned V. A.J.F.C. Magistrate,Kakinada acquitting the R.1/accused under Section 255(1) Cr.P.C. for the offence U/Sec 139 N.l. Act Consequently the accused is found guilty for the offence U/Sec 138 N.l. Act and is convictedU/sec. 255(2) Cr.P.C.’’
- Today, when the matter came up for hearing, learnedcounselforthe petitioner filed a copy of the Judgment dated 27.02.2024 in Criminal Appeal No.82 of 2013 in C.C.No.172 of 2012 on the file of the learned VII Additional
3
'District and Sessions Judge, Peddapuram and submitsthatthesaidCriminal Appeal preferred by the 2'''' respondent herein wasdismissedfordefaulton the ground that the both parties are called absent. Therefore, requested this Court to close the Criminal Petition.
- Recording the above submission made by the learnedcounselforthe petitioner, the present Criminal Petition is closed.
As a sequel, miscellaneous applications pending, if any, in this petition, shall stand closed.
SD/- B CHITTI JOSEPH ASSISTANT REGISTRAR
//TRUE COPY//
To,
SECTION OFFICER
BSV
sree
HIGH COURT
DATED:12/08/2024
ORDER
CRLP.No.1423 of 2018
c 2 7 NOV 2024 ]
^ . Curreni cieciion ^
^4^patcv^5?
CLOSING THE CRIMINAL PETITION
1 issue framed by the court
Whether the criminal petition seeking to quash the appellate docket order convicting the accused under Section 138 NI Act should be closed in view of the dismissal of the criminal appeal for default.
Colour shows how this judgement treated each authority
Crl.Petition No. 16742/2016 dated 27-10-2017 (1) HLT (Crl) 100 (DB)Referred
5 provisions across 2 enactments
Janga Prakash
State of Andhra Pradesh
Parasuram Ganesh
V. Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
