Disposed¶50

V. . Kasi Viswanath, v. The State of Andhra Pradesh

Andhra Pradesh HC1 Jul 2025CRLRC/620/2025

Case brief

AI extract

What is this about?

APHC CRLRC No. 620 of 2025; K Sreenivasa Reddy J; 02-07-2025; Section 317 CrPC absence-condonation petition dismissed in Section 138 NI Act appeal (Crl.A.No.46 of 2023, Tirupati); NBW recall; revision disposed with directions to appear within two weeks and seek recall of NBW; remand and reconviction history (C.C.No.116 of 2015; Crl.A.No.231 of 2017); Sections 397/401 CrPC, 438/442 BNSS.

What did the court decide?

No substantive relief setting aside the impugned order; with the above directions (appearance within two weeks and application for recalling of NBW, to be considered the same day with terms and conditions), the Criminal Revision Case is disposed of, and miscellaneous petitions, if any, pending, shall stand closed. ¶50

V. . Kasi Viswanath, Vs The State of Andhra Pradesh — Cheque Dishonour | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Criminal Revision Case, filed aggrieved by the order dated 28.04.2025 passed in Crl.M.P.No.92 of 2025 in Crl.A.No.46 of 2023 (dismissing the petition under Section 317 Cr.P.C. to condone the petitioner's absence before the appellate court), should be allowed, and what directions should issue regarding the petitioner's appearance and the pending NBW.

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Court's answer

Irrespective of the plea taken by the petitioner, the Court found that the petitioner is ready to proceed with the case and therefore deemed it fit and appropriate to pass the following order (directions), rather than adjudicating the impugned order on merits.

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Ratio / Principle

Direction (i): the petitioner shall appear before the court concerned within a period of two (02) weeks from the date of receipt of the order and make an application for recalling of the N.B.W.

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Key takeaways

Direction (ii): on such application, the court below is directed to consider the application with certain terms and conditions, on the same day.ratio¶48

Detailed headnote1 paragraphs

Criminal Revision Case No. 620 of 2025, High Court of Andhra Pradesh at Amaravati (K Sreenivasa Reddy J; decided 02.07.2025), filed under Sections 397 and 401 Cr.P.C. (Sections 438 and 442 B.N.S.S.) against the order dated 28.04.2025 of the V Additional District and Sessions Judge, Tirupati, dismissing Crl.M.P.No.92 of 2025 under Section 317 Cr.P.C. in pending Criminal Appeal No. 46 of 2023, whereby the petitioner's absence before the appellate court was not condoned. Procedural background: conviction dated 18.08.2017 in C.C.No.116 of 2015 (Section 138, Negotiable Instruments Act, 1881) was set aside in Criminal Appeal No. 231 of 2017 by judgment dated 31.12.2019 with a remand to decide afresh per Sections 138 (proviso), 139 and 142 NI Act; on retrial the accused was reconvicted on 23.02.2023. He had failed to appear despite a conditional order dated 05.10.2024 in Crl.M.P.No.127 of 2024 (Section 389(1) Cr.P.C.), and counsel stated that an NBW was issued after dismissal of the Section 317 petition. Finding the petitioner ready to proceed, the High Court disposed of the revision with directions: the petitioner to appear before the court concerned within two (02) weeks and apply for recalling of the NBW, such application to be considered by the court below the same day with certain terms and conditions; pending miscellaneous petitions stand closed.

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APHC010259862025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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CRIMINAL REVISION CASE NO: 620 OF 2025

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Revision filed under Section 397 and 401 of Cr.P.C (Section 438 and 442 of B.N.S.S) to set aside the order dated 28.04.2025 passed in CrI.M.P. No. 92 of 2025 in CrI.A. No. 46 of 2023 on the file of V Additional District and Sessions Judge at Tirupati, Chittoor District.

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Between:

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V.Kasi Viswanath, S/o. V. Harinath, Aged about 37 years, Occ- Employee, Door No- 19/4-3/2, Venkatareddy Colony STV Nagar, Tirupati, Chittoor District

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...PETITIONER/PETITIONER/APPELLANT/APPELLANT/ACCUSED AND

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The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravati.

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M Karunakar Reddy, S/o. P. Prabhakar Reddy, Aged about 39 years, Occ- Employee, R/o. Door No- 19/4-3G1, Venkatareddy Colony, STV Nagar, Tirupati, Chittoor District.

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...RESPONDENTS/ RESPONDENTS/ RESPONDENTS RESPONDENTS/COMPLAINANT

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lA NO: 2 OF 2025

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Petition under Section 442 of BNSS praying that in^{thecircumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the impugned order dated 28.04.2025^{inCrI.M.P.No.92} of 2025 in CRL.A. No. 46 of 2023 in C.C. No. 116 of^{2015onthefileofVI} Additional Judicial Magistrate of First Class, Tirupati,^{ChittoorDistrict,by} allowing the Criminal Revision Case and suspend the^{orderdated28.04.2025} in CrI.M.P. No. 92 of 2025 in CrI.A. No. 46 of 2023^{inC.C.No.116of2015} on the file of VI Additional Judicial Magistrate of First Class, Tirupati, Chittoor District, pending disposal of the present Criminal Revision and consequently dispense the appearance of the petitioner/appellantⁱⁿ CRL.A. No. 46 of 2023 in C.C. No. 116 of 2015 on the file of VI Additional Judicial Magistrate of First Class, Tirupati, Chittoor District pending disposal of present Criminal revision case.

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Counsel for the Petitioner : SRI CHAMARTHY LEELA SRINNIVASA VARMA Counsel for the Respondent No.1 : ASSISTANT PUBLIC^PROSECUTOR The Court made the following ORDER :

APHC010259862025

T SS

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3327]

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WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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CRIMINAL revision CASE Mn- fi9n/onoc

Between:

V. Kasi Viswanath

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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CHAMARTHY LEELA SRINNIVASA VARMA

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Counsel for the Respondent(S):

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PUBLIC PROSECUTOR

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The Court made the following Order:

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The Criminal Revision Case is filed aggrieved by the order dated 28.04.2025 passed in Cri.lVI.P.No.92 of 2025 in Crl.A.No.46 of 2023 on the file of the V Additional District and Sessions Judge at Tirupati, Chittoor District.

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Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. was convicted and 3. Originally, the petitioner/accused sentenced vide judgment dated 18.08.2017 in C.C.No.116^of2015, on the file of the Special Judicial Magistrate of First^Class-cum-Vl Additional Junior Civil Judge, Tirupati, of the offence^punishable under Section 138 of the Negotiable Instruments Act, 1881. Aggrieved thereby, he preferred Criminal Appeal No.^231of2017on the file of the X Additional District and Sessions Judge, Tirupati. By its Judgment dated 31.12.2019, the appellate court, allowed the appeal and set aside the said judgment and further^remittedthe matter to the trial court with a direction to decide^thesame, in accordance with legal principles contemplated under^Sections138, its proviso, 139 and 142 of the Negotiable Instruments^Act,1881.

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Pursuant to the remand, the trial court, vide judgment^dated 23.02.2023 in the said C.C., found the petitioner/accused^guilty and convicted and sentenced him of the offence punishable under Section 138 of N.l.Act. Aggrieved thereby, the accused^preferred appeal vide Criminal Appeal No. 46 of 2023 before the^VAdditional District and Sessions Judge at Tirupati. Pending appeal,^learned counsel for the appellant filed Crl.M.P.No.92 of 2025,^underSection 317 Cr.P.C., praying to condone the absence of the petitioner

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before the appellate court on 28.04.2025, as he could not secure leave. By its order, dated 28.04.2025, the appellate court, dismissed the petition.

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A perusal of the record goes to show that despite there being a conditional order, dated 05.10.2024 in Crl.M.P.No.127 of 2024ⁱⁿ the criminal appeal, filed under Section 389(1) Cr.P.C.,^theaccused failed to appear before the court below. Learned counsel^forthe petitioner/accused submits that the petitioner/accused is an employee and was unable to obtain leave from his office,^due to which reason, he failed to appear before the court below. He submits that the learned Magistrate issued NBW against the petitioner pursuant dismissal of petition under Section^317Cr.P.C.

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However, irrespective of the plea taken by the petitioner herein, it appears that the petitioner is ready to proceed with the case and in that view, this Court deems it fit and appropriate to pass the following order:

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(i) That the petitioner shaii appear before the court concerned within a period of two (02) weeks from the date of receipt of the order and make an appiication for recalling of N.B.W.

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(ii) On such application, the court below is directed to consider the application with certain terms and conditions, on the same day.

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With the above directions, the Criminal Revision Case is

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disposed of.

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Miscellaneous petitions, if any, pending, shall stand^closed.

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SOI- V.DIWAKAR DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The V Additional District and Sessions Judge, Tirupati,^{ChittoorDistrict.} (By Rpad)

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The X Additional Sessions Judge, Tirupati, Chittoor District. (By Rpad)

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The Special Judicial Magistrate of First Class-cum-VI Additional Junior Civil Judge, Tirupati, Chittoor District. (By Rpad)

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One CC to Sri. Chamarthy Leela Srinnivasa Varma Advocate [OPUC] (By Special Messanger)

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Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT]

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The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi

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Two CD Copies

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Stu

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TAC

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HIGH COURT DATED:02/07/2025

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ORDER CRLRC NO. 620 OF 2025

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disposing of the criminal revision CASE

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 28.04.2025 in Crl.M.P.No.92 of 2025 (petition under Section 317 Cr.P.C. to condone the petitioner's absence before the appellate court on 28.04.2025) in Crl.A.No.46 of 2023, whereby the appellate court dismissed the petition.¶7
V Additional District and Sessions Judge at Tirupati, Chittoor District · 28.04.2025
Prior proceeding
Original conviction: the petitioner/accused was convicted and sentenced vide judgment dated 18.08.2017 in C.C.No.116 of 2015 on the file of the Special Judicial Magistrate of First Class-cum-VI Additional Junior Civil Judge, Tirupati, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.¶41
Prior proceeding
First appeal: in Criminal Appeal No. 231 of 2017 before the X Additional District and Sessions Judge, Tirupati, the appellate court by judgment dated 31.12.2019 allowed the appeal, set aside the said judgment and remitted the matter to the trial court with a direction to decide it in accordance with Sections 138 (with its proviso), 139 and 142 of the Negotiable Instruments Act, 1881.¶41
Prior proceeding
Post-remand retrial: pursuant to the remand, the trial court vide judgment dated 23.02.2023 in the said C.C. again found the petitioner/accused guilty and convicted and sentenced him for an offence punishable under Section 138 of the N.I.Act.¶42
Prior proceeding
Second appeal: aggrieved by the reconviction, the accused preferred Criminal Appeal No. 46 of 2023 before the V Additional District and Sessions Judge at Tirupati, which remained pending.¶42
Prior proceeding
Condonation petition and its dismissal: pending the appeal, learned counsel for the appellant filed Crl.M.P.No.92 of 2025 under Section 317 Cr.P.C. praying to condone the petitioner's absence before the appellate court on 28.04.2025, as he could not secure leave; by its order dated 28.04.2025 the appellate court dismissed the petition.¶44
Prior proceeding
Non-appearance and NBW: despite a conditional order dated 05.10.2024 in Crl.M.P.No.127 of 2024 (filed under Section 389(1) Cr.P.C.) in the criminal appeal, the accused failed to appear before the court below; learned counsel submitted that the learned Magistrate issued an NBW against the petitioner pursuant to dismissal of the petition under Section 317 Cr.P.C.¶45

V. . Kasi Viswanath, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

V. . Kasi Viswanath, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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