Matham Vijaya Rao Vs the State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH ::::

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:::: AMARAVATI

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%

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FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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the honourable dr justice VENKATA JYOTHIRMAI PRATAW

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CRIMINAL APPEAL NO: :K7A hf 0005

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Appeal under Section 419 (4) BNSS and Section 378(4) of Cr P C aggrieved by the Judgment in CC No. 1279 of 2018 dated 08.04.2025 on the file of Court of the Special Judicial Magistrate First Class for (Prohibition and Excise), Kurnool i in acquitting the accused for the offence under section 138 Nl Act'

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Between:

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G. Sathyanarayana, Late S/o G. Gopal, Aged about 48 years, Occ; Proprietor Green Planet NC 1. Shanthi Nagar, Jogulamba Gadwal District, Telangana State. •■■Appellant/Complainant AND 1. state Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P, Amaravathi. „ , ■■•■Respondent No.1

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, ■■•■Respondent No.1

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. Mekala Narashimhulu, Aged about 45 years, No.85, Proprietor, Sri Raghavendra Pesticides Ayyavaripalle Village, Veepanagandal Mandal Wanaparty District, Telangana State

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-Respondent No.2/Accused

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Counsel for the Appellant: SRI SHAIK ASIF Counsel for the Respondent No.1: PUBLIC PROSECUTOR The Court made the following:

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1

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APHC010251452025

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.r•ii! Hgrs

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3396]

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FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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CRIMINAL APPEAL NO: 374/2025

Between:

G Sathyanarayana

...APELLANT

AND

State Of Andhra Pradesh and Others

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...RESPODENT{S)

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Counsel for the Appellant:

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1.SHAIKASIF

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Counsel for the Respondent(S):

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PUBLIC PROSECUTOR

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The Court made the following:

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JUDGMENT:

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The present criminal appeal has been filed by the Appellant / complainant seeking to set aside the acquittal order dated 08.04.2025 passed in C.C.No.1279 of 2019 on the file of learned Special Judicial Magistrate of First Class for (Prohibition and Excise), Kurnool.

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Heard Sri Shaik Asif, learned counsel for the appellant and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.

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This appeal is preferred impugning the order passed^{inC.C.No.1279} of 2019, dated 08.04.2025 on the file of learned Special Judicial Magistrate of First Class for (Prohibition and Excise), Kurnool, wherein the complaint which was filed by the appellant herein for the offence punishable under Section 138 of the Negotiable Instruments Act against the accused, was dismissed for default.

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Learned counsel for the appellant would submit that the complainant could not pay the continuation batta despite the conditional order passed. Learned counsel finally submits that one more opportunity may be given to the appellant to pursue his case. As the accused did not make appearance before the trial Court, the notice to the respondent / accused is dispensed with.

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Considering the submissions made, as the complaint^wasdismissed for non-prosecution for non-payment of continuation batta for execution of non-bailable warrant against the accused, in the interest of justice, to give a fair opportunity to the appellant / complainant, this Court is inclined to allow the Criminal Appeal.

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In the result, the Criminal Appeal is allowed. The^{impugnedorder} C.C.No.1279 of 2019 on the file of learned dated 08.04.2025 passed in of First Class for (Prohibition and Excise), Special Judicial Magistrate Kurnool, is hereby set aside. The matter is remanded^{tothetrialCourtfor} fresh disposal according to law. The complainant is^{directedtotake} all commissioner for execution necessary steps for appointment of Advocate of non-bailable warrant. In case, the appellant / complainant^failtopursue the matter, the learned trial Judge may dispose of^{thecasewithoutfurther} adjournments. Learned counsel for the appellant is^{requestedtoinformhis} the next date without fail i.e. on client to appear before the trial Court on 27.06.2025 to pursue the matter.

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Office is directed to communicate the order forthwith,

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As a sequel thereto closed.

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miscellaneous petitions pending, if any, shall stand

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Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// S N OFFICER

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S

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